AGENDA - windsorpolice.ca · - Constable June Windsor (30 Years and 4 months), effective June 30,...

WPSB Public Agenda: June 25, 2020 of 3

AGENDA

OF THE PUBLIC MEETING - WINDSOR POLICE SERVICES BOARD THURSDAY, JUNE 25, 2020 AT 1:00 P.M.

ZOOM CONFERENCE CALL HOSTED BY WPSB

SECTION 1:

1. CALL TO ORDER

2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF

3. APPROVAL OF AGENDA Call for amendments to the Agenda.

4. APPROVAL OF MINUTES

Approval of the Minutes of the Regular Public Meeting held on May 28, 2020.

5. BUSINESS ARISING FROM MINUTES

6. DELEGATIONS

None.

SECTION 2: NEW BUSINESS

None.

SECTION 3: REPORTS

MAY 2020 REPORTS – for information

A. Crime Stoppers


B. Crime Statistics

C. Professional Standards Branch

D. Amherstburg Detachment Statistics – Policing Activities Report

E. Section 11 Review; SIU 19-OSA-252 (REDACTED)

SECTION 4: POLICY

None.

SECTION 5: SERVICE BUDGET/FINANCIAL MATTERS/BOARD ACCOUNTS

None.

SECTION 6: PERSONNEL MATTERS/MULTICULTURAL/RECRUITMENT/

LABOUR RELATIONS

A. Retirements – for information

- Constable June Windsor (30 Years and 4 months), effective June 30, 2020;

- Inspector Tammy Fryer (30 Years and 6 Months), effective July 11, 2020;

SECTION 7: PLANT/EQUIPMENT/PHYSICAL RESOURCES

None.

SECTION 8: READING/INFORMATION/ MINISTRY OF THE SOLICITOR GENERAL &

GOVERNMENT MATTERS For Information:

A. All Chiefs Memos:

20-0081; Distracted Driving Exemptions – May 28, 2020

20-0082; Serious Fraud Office – May 29, 2020

20-0083; Funeral Services during the COVID-19 Pandemic – May 30, 2020

20-0084; Recent Changes to Emergency Orders – May 31, 2020


20-0087; Extension of the Expiry of Driver and Vehicle Products – June 3, 2020

20-0089; Update to Essential Businesses – June 5, 2020

20-0093; Stage Two Re-Openings – June 14, 2020

20-0094; Re-Opening of Ontario Courts to In-Person Hearings – June 16, 2020

SECTION 9: O.A.P.S.B. COMMUNICATIONS/BOARD MATTERS

None.

SECTION 10: UPCOMING EVENTS/MEETINGS/CONFERENCES/WORKSHOPS

A. Next Regular Public Meeting: July 23, 2020

ADJOURNMENT

WPSB Public Minutes: May 28, 2020 Page 1 of 5

Minutes

of the PUBLIC MEETING - WINDSOR POLICE SERVICES BOARD THURSDAY, MAY 28, 2020 AT 1:00 P.M.

ZOOM CONFERENCE CALL HOSTED BY WPSB

PRESENT: Mayor Drew Dilkens, Chair Chief Pamela Mizuno Mayor Aldo DiCarlo, Vice Chair Deputy Chief Brad Hill Councillor Rino Bortolin Deputy Chief Jason Bellaire Mr. Robert de Verteuil Deputy Chief Frank Providenti Ms. Denise Ghanam

Mr. David Tilley Police Services Advisor

REGRETS: None. RECORDER: Matthew Dumouchel, Administrative Director

SECTION 1:

1. CALL TO ORDER It was announced that the meeting was held live through the WPS Facebook page.

The Chair called the meeting to order at 1:00 PM.

2. DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None.

3. APPROVAL OF AGENDA Moved by Councillor Rino Bortolin, seconded by Ms. Denise Ghanam to APPROVE the Agenda as amended. CARRIED.

4. APPROVAL OF MINUTES

Moved by Ms. Denise Ghanam, seconded by Mayor Aldo DiCarlo to APPROVE the Minutes of the Regular Public Meeting held on April 23, 2020. CARRIED.

5. BUSINESS ARISING FROM MINUTES

None.

6. DELEGATIONS None.


SECTION 2: NEW BUSINESS

A. Unsolved Homicide Reward BR2020-033

Councillor Rino Bortolin asked if there was a reserve or an account that this would come out of or is this payable from a general expense account? Chief Pamela Mizuno confirmed that these rewards do come out of the Windsor Police Services Account.

Moved by Ms. Denise Ghanam, seconded by Mayor Aldo DiCarlo as follows:

RESOLVED THAT the Windsor Police Services Board APPROVES a reward in the amount of $5,000 for information leading to the arrest and prosecution of the parties responsible for the murder of Geraldine Butterfield.

FURTHER RESOLVED THAT that the portion, if any, of the reward to be paid shall be determined by the Board after consultation with the Chief of Police. This consultation shall be for the purpose of examining the value of information received and the number of claimants.

FURTHER RESOLVED THAT that the reward offer is to expire on May 28, 2021.

CARRIED.

SECTION 3: REPORTS

FEBRUARY/ MARCH 2020 REPORTS

A. Crime Stoppers

B. Crime Statistics

Councillor Bortolin asked for comment as he stated that the numbers do seem to be decreasing overall, however he asked for specifics for service delivery or call volume compared to actual arrests on patrol. Deputy Chief Jason Bellaire stated that there have been a reduction in call volumes in service. He further confirmed that this is not to say there was a reduction in service, simply a reduction in the call volume to investigate.

Moved by Mayor Aldo DiCarlo, seconded by Ms. Denise Ghanam to RECEIVE Section 3 A and B as presented. CARRIED.

C. Professional Standards Branch

D. Amherstburg Detachment Statistics – Policing Activities Report

E. Community Referral Tracking

Moved by Mayor Aldo DiCarlo, seconded by Councillor Rino Bortolin to RECEIVE Section 3 C, D and E as presented. CARRIED.


F. Innovation Crime Prevention Initiative; COVID-19

Councillor Bortolin said this initiative was great for all to see, and after speaking to (at that time Inspector) Jason Bellaire will there be plans to continue to move forward with this initiative/ program as time goes on. He said the concern with businesses opening they may need cash in stock, on hand and said that there could be a fear of increase of break and enters. Deputy Chief Bellaire did confirm that it is definitely being considered on a as needed basis until further notice.

Moved by Councillor Rino Bortolin, seconded by Ms. Denise Ghanam to RECEIVE Section 3 F as presented. CARRIED.

G. Online Auction Statistics

Councillor Bortolin asked if the Service is moving forward with only the one company that was discussed in the document and if it was only reported through Crime Stoppers moving as of now? Deputy Chief Bellaire stated that the Service was only moving forward with the one company as of now, and that the communication for the eligibility of purchase of these items was made through social media both through WPS and Crime Stoppers.

Moved by Mayor Aldo DiCarlo, seconded by Councillor Rino Bortolin to RECEIVE Section 3 G as presented. CARRIED.

SECTION 4: POLICY

None.

SECTION 5: SERVICE BUDGET/FINANCIAL MATTERS/BOARD ACCOUNTS

None. SECTION 6: PERSONNEL MATTERS/MULTICULTURAL/RECRUITMENT/

LABOUR RELATIONS

A. Promotions

i. Administrative Personnel (1 – Effective May 17, 2020)

- Laura Smith – as Director of Emergency 911 Centre

ii. Police Personnel (1 - Effective May 10, 2020)

- Constable Steve Brnardic – to the rank of Sergeant


iii. Police Personnel (3 - Effective April 26, 2020)

- Staff Sergeant Jill Lawrence – to the rank of Inspector

- Sergeant Richard Sieberer – to the rank of Staff Sergeant

- Constable Christopher Shaw – to the rank of Sergeant

Chief Pamela Mizuno gave brief highlights about each member of the Windsor Police Service that are being recognized for their promotions.

Moved by Ms. Denise Ghanam, seconded by Mr. Robert de Verteuil to RECEIVE Section 6 A i and ii, as presented. It is worth mentioned that Section 6 A iii was RECEIVED in April 2020 and these members were present for recognition during the May Board Meeting. CARRIED.

SECTION 7: PLANT/EQUIPMENT/PHYSICAL RESOURCES

None.

SECTION 8: READING/INFORMATION/ MINISTRY OF COMMUNITY SAFETY &

CORRECTIONAL SERVICES & GOVERNMENT MATTERS A. All Chiefs Memos:

20-0066; Certain Businesses Allowed to Open – May 3, 2020

20-0067; Federal Assault Rifle Ban – May 3, 2020

20-0068; Screening Guidance, Communication & Dispatch Personnel – May 4, 2020

20-0069; Additional Resources on the Quarantine Act – May 4, 2020

20-0070; Approach to Managing Natural Death Surge. – May 4, 2020

20-0071; Valid Ontario License Plates – May 7, 2020

20-0072; Modification of Restrictions for Retail Stores – May 9, 2020

20-0074; Amendment to O.Reg 82 20 – May 16, 2020

20-0075; Religious Gatherings and Enforcement Considerations – May 16, 2020

20-0076; Stage 1 Framework to Reopen and Outdoor Amenities – May 19, 2020

Moved by Mayor Aldo DiCarlo, seconded by Ms. Denise Ghanam to RECEIVE Section 8 A as presented. CARRIED.


SECTION 9: O.A.P.S.B. COMMUNICATIONS/BOARD MATTERS

None.

SECTION 10: UPCOMING EVENTS/MEETINGS/CONFERENCES/WORKSHOPS

A. Next Regular Public Meeting: June 25, 2020

Moved by Mr. Robert de Verteuil, seconded by Mayor Aldo DiCarlo to RECEIVE Section 10 A as presented. CARRIED.

ADJOURNMENT There being no further business, the meeting adjourned at 1:28 PM.

MATTHEW DUMOUCHEL ADMINISTRATIVE DIRECTOR

APPROVED THIS 28TH DAY OF MAY 2020.

MAYOR DREW DILKENS, CHAIR

WINDSOR POLICE SERVICES BOARD

Windsor & Essex County Crime Stoppers Police Coordinator Report May 1st to May 31st, 2020

Overview

• The Coronavirus Disease (Covid-19) hit many world Countries including Canada and Windsor and Essex County limiting much of our community involvement to media and social media venues.

• Crime Stoppers continued to receive above normal Tip volume despite the Pandemic that swept the area

Program Education and Community Events

• No events have been scheduled/completed during the COVID-19 Pandemic.

AM800 “Crime of the Week” report with AM800 radio recorded every Monday which airs every Tuesday morning and afternoon.

• May 4, 2020 – Crime Stoppers Promotional Media Release

• May 11, 2020 – WPS – Break and Enter

• May 25, 2020 – WPS – Convenience Store Robbery

CTV News/Media Plex

• None

Social Media

• Daily/Weekly Facebook, Twitter and Instagram posts – See our social media sites for posts

Crime Stoppers Upcoming Calendar

S3.A

Should you wish a Crime Stoppers Police Coordinator to attend an upcoming meeting or event in your community, please feel free to contact our office.

Windsor Police Coordinator Tim Harrington - 519-255-6700 ext 4493

OPP Police Coordinator Karen Sinnaeve - 519-255-6700 ext 4496

This statistical report is reflective of May 1st to May 31st Crime Stoppers tip information was distributed to the following agencies during this time period. Windsor Police Service WPS- Amherstburg Detachment Ontario Provincial Police LaSalle Police Service Ministry of Revenue and Finance PATS (Provincial Anti-Terrorism Squad) OCEB Windsor & Essex County Health Unit- Tobacco Enforcement CBSA Attached documents include: Police Coordinators Report Monthly Statistical Report This Report was Prepared By: Constable Tim Harrington – Windsor Police Service Coordinator Constable Karen Sinnaeve – OPP Coordinator

TOTAL POPULATION REPRESENTED – 388,610 (2011 CENSUS)

POPULATION (CITY) – 210,890 POPULATION (COUNTY) – 127,521 POPULATION (LASALLE) – 28,643

POPULATION (AMHERSTBURG) – 21,556

**SI on Statistical Report is “Since Inception” – 1985

Crime Statistics May, 2020

June 16, 2020 Michael MENZEL Intelligence Analyst, WPS

*Unless otherwise noted, all crime statistics in this report are compiled using the “all violations” methodology. These statistics should not be compared with those provided by the Canadian

Centre for Justice Statistics (CCJS), a division of Statistics Canada. This published data measures only the most serious

offence related to an incident. In addition, the CCJS includes the number of offences reported by the Windsor Detachment of the

Royal Canadian Mounted Police with the Windsor Police Service crime statistics. The CCJS data should be used for comparisons between policing jurisdictions as all data is compiled using the

same reporting methodology

S3.B

*Unless otherwise stated, the crime statistics are shown as a combination of City of Windsor and the Town of Amherstburg

Overall Crime

There were 1035 total Criminal Code violations in May of this year. This total represents 625 less violations than were reported in the same month of last year (decrease of 37.65%) This total also represents a decrease of 77 violations from the 1112 reported last month (decrease of 6.9%).

Violent Crime

There were 222 incidents of violent crime in May, a decrease of 11 compared to May 2019. This figure also represents an increase of 44 from the 178 violent crimes reported last month.

Seasonal Variations – Violent Crime

The following categories illustrate the differences in seasonal numbers broken down by Violent Crime offence:

There was 1 homicide in May 2020.

There were 12 Sexual Assaults-Non Family cases reported in May, 7 less than last May and 1 less than last month.

Domestic (family) assaults were reported 52 times, 1 less than reported in May of last year, and 11 more than last month.

There were 2 Assault Police cases in May, 2 less than last year and the same as last month.

Criminal Harassment cases were reported 4 times in May, 11 less than last year and 3 less than last month.

Other Violent violations (Threats, Harassing phone calls, etc.) were reported 55 times in May, the same as last year, and 5 more than last month.

There were 2 cases of Sexual Assaults-family, 5 less than last May, and 2 more than last month.

Assaults Non-Family cases were reported 84 times, 19 more than last year and the 35 more than last month.

The number of Robberies and Attempt Robberies for May of this year amounted to 9. There were 14 Robberies and Attempts reported in the same month last year. The 9 Robberies and Attempts is 5 less than the 14 reported last month (see accompanying chart). Of the 9 robberies;

o 0 robberies involved a firearm

o 4 robberies were with ‘other weapon’ o 4 robberies other o 1 attempt robbery

Property Crime

There were 657 property crimes reported in May of this year, 451 less occurrences than in May of last year (decrease of 40.70%) and 119 less than was reported last month.

Seasonal Variations – Property Crimes The following categories illustrate the differences in seasonal numbers broken down by Property Crime offence:

Arson – 3 reported in May 2020, 2 less than May of last year. B&E’s and Attempts – 83 reported in May 2020, 94 less than the total in May

2019 and 39 less than last month. Of the 83 B&E’s and Attempts reported;

o 21 were to businesses o 32 were to dwellings o 19 were to “other buildings or places” o 11 were attempts o 0 B&E involving a firearm

Theft under $5000 – 201 reported in May of this year, 188 less than May of last year and 31 more than last month.

Thefts from Motor Vehicles – 91 incidents reported in May of this year, 63 less than last May, and 69 less than last month (see accompanying chart).

Possession of Stolen Goods – 20 occurrences reported in May of this year, 16 less than the same month last year and 13 less than last month.1

Fraud – 83 incidents of Fraud were reported in May of this year, 51 less than May 2019, and 12 less than last month.

Mischief – 122 occurrences of Mischief were reported for May of this year, 3 less occurrences from May 2019 and a decrease of 1 over last month.

Vehicle thefts or attempts – 52 thefts or attempt thefts of motor vehicles, 26 less than May 2019 and 13 less than what was reported last month

Theft Over $5000 – there were 2 occurrences of Theft Over reported in May, 8 less than May 2019 and 2 less than last month.

1 Although counted toward the total property crime numbers, a decrease in possession of stolen goods is a negative enforcement indicator as it occurs as a result of an arrest and seized of stolen goods

There were 15 Firearms/Offensive Weapons offences reported in May of 2020, 14 less than last year and 12 less than last month. “Other Criminal Code” offences (consisting mostly of Breach offences) were reported 140 times, 150 less than what was reported in May of last year and 10 more than last month. There were 365 Domestic calls responded to in May of 2020. This total is 63 more than last month.

Youth Related Crime

There were 6 occurrences where Young Persons were charged in May of 2020. Of the 6 occurrences,

1 was a crime of violence , 2 were property related offence , 1 was “other Criminal Code” offence 2 were for other offences

Traffic Related Statistics There were 410 occurrences involving motor vehicles in May 2020, 268 less than the same month last year (40% decrease). Of the 410 occurrences;

10 involved Dangerous Operation 27 involved Impaired/Operate over 6 involved fail to stop/drive prohibited 0 involved Street Racing 104 involved HTA offences 263 Involved MVA/CRC accidents

Windsor Police ServiceMonthly Crime StatisticsVer. 1

# of OccMay2020

1035

# of OccMay2019

1660

ViolationInc/Dec

-625

%Inc/Dec

-37.65%

YTDMay2020

6,613

YTDMay2019

7,045

YTD ViolationInc/Dec

-432

YTD%

Inc/Dec

-6.13%

Current Year Monthly Average

1,323

# Cleared by Charge

May2020

372

%Cleared by Charge

May2020

36%

Total Cleared

May2020

441

Total %ClearedMay2020

43%

YTD Clearance

%

40.95%

Previous 5 Year

average for the month

ofMay

1,408

Previous 5 Year average for YTD up

to the month of May

Total Criminal Code6,154

Windsor 994 1,623 -629 -38.76% 6,457 6,814 -357 -5.24% 1,291 360 36% 429 43.16% 41.06% 1,400 6,105

1 1 0 0% 2 1 1 100% 0 0 0% 1 100%Homicide 100.00% 0 10 0 0 0% 1 0 1 0% 0 0 0% 0 0%Manslaughter 100.00% 0 01 0 1 0% 1 0 1 0% 0 0 0% 0 0%Violence Causing Death 0.00% 0 00 0 0 0% 3 3 0 0% 1 0 0% 0 0%Attempt Murder 100.00% 0 22 7 -5 -71% 13 16 -3 -19% 3 0 0% 0 0%Sexual Assaults - Family 61.54% 4 1711 19 -8 -42% 62 73 -11 -15% 12 4 36% 6 55%Sexual Assaults - Non Family 75.81% 15 6751 50 1 2% 257 245 12 5% 51 44 86% 51 100%Assault - Family 98.83% 58 23879 63 16 25% 338 278 60 22% 68 55 70% 66 84%Assault - Non Family 81.95% 64 2661 4 -3 -75% 6 19 -13 -68% 1 1 100% 1 100%Assault Peace/Police Officers 100.00% 3 169 14 -5 -36% 83 61 22 36% 17 4 44% 5 56%Robberies & Attempts 61.45% 15 664 13 -9 -69% 34 41 -7 -17% 7 2 50% 3 75%Criminal Harassment 76.47% 8 4554 54 0 0% 254 229 25 11% 51 37 69% 43 80%Other Violent Violations 76.77% 51 247

83%17669%1472119.11%889661,054-5.33%-12225213Total Crimes Against Person 82.54% 217 9652 5 -3 -60% 19 18 1 6% 4 0 0% 1 50%Arson 26.32% 5 1881 170 -89 -52% 659 701 -42 -6% 132 10 12% 13 16%Break and Enters & Attempts 15.33% 133 59150 77 -27 -35% 319 302 17 6% 64 5 10% 8 16%MV Thefts & Attempts 18.18% 66 2402 9 -7 -78% 23 32 -9 -28% 5 0 0% 0 0%Thefts > 5000 4.35% 6 26

190 382 -192 -50% 1,261 1,627 -366 -22% 252 10 5% 19 10%Thefts < 5000 18.00% 311 1,29990 153 -63 -41% 694 569 125 22% 139 3 3% 4 4%Theft from MV < 5000 2.45% 155 69420 36 -16 -44% 141 150 -9 -6% 28 18 90% 18 90%Possess Stolen Goods 91.49% 25 11779 132 -53 -40% 609 589 20 3% 122 10 13% 11 14%Fraud 15.93% 101 458

115 120 -5 -4% 616 549 67 12% 123 32 28% 38 33%Mischief 28.90% 128 60618%11214%88868-4.32%-1964,5374,341-41.97%-4551084629Total Crimes Against Property 18.73% 930 4,049

0 0 0 0% 1 0 1 0% 0 0 0% 0 0%Prostitution 100.00% 0 015 28 -13 -46% 93 96 -3 -3% 19 12 80% 14 93%Firearms/Offensive Weapons 93.55% 20 83

137 286 -149 -52% 968 1,215 -247 -20% 194 113 82% 127 93%Other Criminal Codes 90.91% 233 1,00793%14182%125212-18.99%-2491,3111,062-51.59%-162314152Total Other Criminal Code 91.15% 253 1,091

Report Run Date: 2020-06-16 12:29:00P

# of OccMay2020

1035

# of OccMay2019

1660

ViolationInc/Dec

-625

%Inc/Dec

-37.65%

YTDMay2020

6,613

YTDMay2019

7,045


-432

YTD%

Inc/Dec

-6.13%


1,323

# Cleared by Charge

May2020

372

%Cleared by Charge

May2020

36%

Total Cleared

May2020

441


43%

YTD Clearance

%

40.95%

Previous 5 Year


ofMay

1,408


to the month of May


Amherstburg 41 37 4 10.81% 156 231 -75 -32.47% 31 12 29% 12 29.27% 36.54% 8 49

0 0 0 0% 3 0 3 0% 1 0 0% 0 0%Sexual Assaults - Family 66.67% 0 01 0 1 0% 4 1 3 300% 1 0 0% 0 0%Sexual Assaults - Non Family 50.00% 0 11 3 -2 -67% 8 11 -3 -27% 2 1 100% 1 100%Assault - Family 100.00% 1 35 2 3 150% 13 11 2 18% 3 4 80% 4 80%Assault - Non Family 69.23% 0 21 0 1 0% 1 0 1 0% 0 1 100% 1 100%Assault Peace/Police Officers 100.00% 0 00 0 0 0% 2 1 1 100% 0 0 0% 0 0%Robberies & Attempts 50.00% 0 00 2 -2 -100% 4 4 0 0% 1 0 0% 0 0%Criminal Harassment 75.00% 0 11 1 0 0% 9 7 2 29% 2 1 100% 1 100%Other Violent Violations 55.56% 0 1

78%778%7925.71%9354412.50%189Total Crimes Against Person 70.45% 2 91 0 1 0% 1 1 0 0% 0 0 0% 0 0%Arson 0.00% 0 02 7 -5 -71% 19 40 -21 -53% 4 0 0% 0 0%Break and Enters & Attempts 26.32% 1 82 1 1 100% 3 6 -3 -50% 1 0 0% 0 0%MV Thefts & Attempts 0.00% 0 10 1 -1 -100% 1 1 0 0% 0 0 0% 0 0%Thefts > 5000 0.00% 0 011 7 4 57% 27 47 -20 -43% 5 1 9% 1 9%Thefts < 5000 25.93% 1 91 1 0 0% 5 8 -3 -38% 1 0 0% 0 0%Theft from MV < 5000 0.00% 0 20 0 0 0% 1 4 -3 -75% 0 0 0% 0 0%Possess Stolen Goods 100.00% 0 14 2 2 100% 19 36 -17 -47% 4 0 0% 0 0%Fraud 5.26% 1 87 5 2 40% 25 30 -5 -17% 5 2 29% 2 29%Mischief 20.00% 1 6

11%311%320-41.62%-7217310116.67%42428Total Crimes Against Property 18.81% 5 351 0 1 0% 1 0 1 0% 0 0 0% 0 0%Prostitution 0.00% 0 00 1 -1 -100% 1 2 -1 -50% 0 0 0% 0 0%Firearms/Offensive Weapons 100.00% 0 03 4 -1 -25% 9 21 -12 -57% 2 2 67% 2 67%Other Criminal Codes 66.67% 1 4

50%250%22-52.17%-122311-20.00%-154Total Other Criminal Code 63.64% 1 5

Report Run Date: 2020-06-16 12:29:00P

# of OccMay2020

1035

# of OccMay2019

1660

ViolationInc/Dec

-625

%Inc/Dec

-37.65%

YTDMay2020

6,613

YTDMay2019

7,045


-432

YTD%

Inc/Dec

-6.13%


1,323

# Cleared by Charge

May2020

372

%Cleared by Charge

May2020

36%

Total Cleared

May2020

441


43%

YTD Clearance

%

40.95%

Previous 5 Year


ofMay

1,408


to the month of May


Windsor43 49 -6 -12% 191 201 -10 -5% 38 40 93% 41 95%Drugs 93.72% 39 16714 5 9 180% 27 24 3 13% 5 0 0% 0 0%Other Federal Charges 22.22% 13 3631 34 -3 -9% 194 197 -3 -2% 39 0 0% 2 6%Provincial Statutes 20.10% 80 40318 15 3 20% 87 71 16 23% 17 16 89% 16 89%Traffic Criminal Code 82.76% 26 14892 167 -75 -45% 584 853 -269 -32% 117 59 64% 60 65%Traffic HTA 57.71% 148 77323 20 3 15% 92 113 -21 -19% 18 20 87% 22 96%Others 98.91% 4 23

64%14161%135235-19.47%-2841,4591,175-23.79%-69290221Total Other Offences 61.62% 310 1,551

Amherstburg1 1 0 0% 1 4 -3 -75% 0 1 100% 1 100%Drugs 100.00% 0 22 0 2 0% 2 0 2 0% 0 0 0% 0 0%Other Federal Charges 0.00% 0 02 4 -2 -50% 13 13 0 0% 3 0 0% 1 50%Provincial Statutes 15.38% 1 31 0 1 0% 4 2 2 100% 1 1 100% 1 100%Traffic Criminal Code 75.00% 0 0

11 10 1 10% 36 36 0 0% 7 8 73% 8 73%Traffic HTA 63.89% 2 71 1 0 0% 8 2 6 300% 2 1 100% 1 100%Others 100.00% 0 0

67%1261%111312.28%7576412.50%21618Total Other Offences 57.81% 3 12

Report Run Date: 2020-06-16 12:29:00P

Source: WPS Versadex RMS Compiled by: Intelligence Analyst, M. Menzel

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WPS Reported Incidents of Assault Police Officer

Monthly Average=4.60

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er

No

vem

be

r

Jan

uary

Mar

ch

May

July

Se

pte

mb

er

No

vem

be

r

Jan

uary

Mar

ch

May

July

Se

pte

mb

er

No

vem

be

r

2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020

Cri

min

al O

ccu

rren

ces

Criminal Occurrences Reported to the WPS, by Month, Since September 2005

Total Crime

Property Crime

Monthly Average 1621

(All crime)

Investigative Services ReOrg Implimentation January 1, 2007 Implimentation of

CrimeReports and CopLogic, September 1, 2010

Patrol Services ReOrg Implimentation January 1, 2006

Implementation ofnew patrol &investigative shifts

Jan 1, 2017

0

500

1000

1500

2000

2500

January

February

March

April

May

June

July

August

September

October

November

December

January

February

March

April

May

June

July

August

September

October

November

December

January

February

March

April

May

June

July

August

September

October

November

December

January

February

March

April

May

June

July

August

September

October

November

December

January

February

March

April

May

June

July

August

September

October

November

December

January

February

March

April

May

June

July

August

September

October

November

December

2015 2016 2017 2018 2019 2020

Cri

min

al O

ccu

rren

ces

Criminal Occurrences by Month-Previous 5 years to present

5 Year Monthly Average1575 Occurrences (All categories)

0

50

100

150

200

250

300

350

400

January

February

March

April

May

June

July

August

Septem

ber

October

Novem

ber

Decem

ber

January

February

March

April

May

June

July

August

Septem

ber

October

Novem

ber

Decem

ber

January

February

March

April

May

June

July

August

Septem

ber

October

Novem

ber

Decem

ber

January

February

March

April

May

June

July

August

Septem

ber

October

Novem

ber

Decem

ber

January

February

March

April

May

June

July

August

Septem

ber

October

Novem

ber

Decem

ber

January

February

March

April

May

June

July

August

Septem

ber

October

Novem

ber

Decem

ber

2015 2016 2017 2018 2019 2020

Occ

urr

ence

s

Domestic Related Occurrences per Month Past 5 Years with Average

Monthly Average 277

4639

66

51

43

79

57

48

68

40

5854

49

36

59

76

5653

57

6974

62

48

38

66

75

61626466

6976

61

77

94

68

90

75

117

100

131

117

129

137

102

110

8383

119

104

112

87

120

130

167

143147

151

116114

153

123123

95

83

January

February

March

April

May

June

July

August

September

October

November

December

January

February

March

April

May

June

July

August

September

October

November

December

January

February

March

April

May

June

July

August

September

October

November

December

January

February

March

April

May

June

July

August

September

October

November

December

January

February

March

April

May

June

July

August

September

October

November

December

January

February

March

April

May

June

July

August

September

October

November

December

2015 2016 2017 2018 2019 2020

Fraud Incidents (UCR 2160) per Month-Previous 5 years

5 YearMonthly Average= 85

0

5

10

15

20

25

30

Janu

ary

Feb

ruar

yM

arc

hA

pril

Ma

yJu

neJu

lyA

ugu

stS

epte

mb

erO

ctob

er

No

vem

ber

De

cem

ber

Janu

ary

Feb

ruar

yM

arc

hA

pril

Ma

yJu

neJu

lyA

ugu

stS

epte

mb

erO

ctob

er

No

vem

ber

De

cem

ber

Janu

ary

Feb

ruar

yM

arc

hA

pril

Ma

yJu

neJu

lyA

ugu

stS

epte

mb

erO

ctob

er

No

vem

ber

De

cem

ber

Janu

ary

Feb

ruar

yM

arc

hA

pril

Ma

yJu

neJu

lyA

ugu

stS

epte

mb

erO

ctob

er

No

vem

ber

De

cem

ber

Janu

ary

Feb

ruar

yM

arc

hA

pril

Ma

yJu

neJu

lyA

ugu

stS

epte

mb

erO

ctob

er

No

vem

ber

De

cem

ber

Janu

ary

Feb

ruar

yM

arc

hA

pril

Ma

yJu

neJu

lyA

ugu

stS

epte

mb

erO

ctob

er

No

vem

ber

De

cem

ber

2015 2016 2017 2018 2019 2020

Occ

urr

ence

s

Month

All Non-Family Sexual Assaults per Month-Last 5 years with Average

Monthly Avg. 10

0

50

100

150

200

250

300January

March

May

July

September

November

January

March

May

July

September

November

January

March

May

July

September

November

January

March

May

July

September

November

January

March

May

July

September

November

January

March

May

July

September

November

January

March

May

July

September

November

January

March

May

July

September

November

January

March

May

July

September

November

January

March

May

July

September

November

January

March

May

July

September

November

January

March

May

July

September

November

2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020

Inci

den

ts

Thefts From Motor Vehicles-Reported to WPS

Monthly Average 152

Motor Vehicle Occurrence Reports

May 2020

May2019

YTD2020

YTD2019

PercentageChange

PercentageChange

AMHERSTBURGDangerous Operation 0 0 1 10% 0%DANG OPER MV,VESSEL,AIRCRAFT 0 0 1 10% 0%

Impaired/Operate Over 2 1 10 2100% 400%FAIL/REFUSE COMPLY DEMAND ALCO 0 0 2 00% 0%IMPAIRED OPERATION - DRUGS 1 0 2 00% 0%OPERATE WHILE IMP (ALCOHOL) 1 1 6 20% 200%

Fail to Stop/Drive Prohibited 0 0 1 10% 0%DRIVING WHILE PROHIBITED 0 0 1 00% 0%FAIL TO REMAIN/CRIMINAL CODE 0 0 0 10% -100%

HTA Offence 11 10 36 3610% 0%CARELESS DRIVING HTA 1 2 9 10-50% -10%DRIVE SUSPENDED HTA 8 4 22 12100% 83%FAIL TO REMAIN/HTA/OTHER 2 4 5 9-50% -44%FAIL TO STOP/REMAIN HTA 0 0 0 50% -100%

MVA/CRC Occurrences 17 29 77 109-41% -29%CRC MVA REPORTABLE 1 0 2 20% 0%MVA-FATAL 0 0 1 00% 0%MVA-INJURY 2 1 9 11100% -18%MVA-NON-REPORTABLE 1 1 3 100% -70%MVA-REPORTABLE 13 27 62 86-52% -28%

WINDSORDangerous Operation 10 8 33 3625% -8%DANG OPER MV,VESSEL,AIRCRAFT 4 5 17 25-20% -32%DANGEROUS OP MV EVADE POLICE 5 2 12 8150% 50%DANGEROUS OPER CAUSING DEATH 0 0 1 10% 0%DANGEROUS OPERATION CBH 1 1 3 20% 50%

Impaired/Operate Over 25 23 112 1229% -8%FAIL/REFUSE COMPLY DEMAND ALCO 2 3 8 17-33% -53%FTC WITH DEMAND (ALCOHOL/DRUG) 0 0 0 00% 0%FTC WITH DEMAND (DRUGS) 2 0 5 00% 0%IMPAIRED CAUSING DEATH (ALCOH) 0 0 0 00% 0%IMPAIRED OPERATION - DRUGS 1 3 18 9-67% 100%IMPAIRED OPERATION CBH (ALCOH) 1 0 2 00% 0%OPER IMP CHG ALCOHOL/DRUGS 0 0 1 00% 0%OPERATE IMPAIRED (UNSPECIFIED) 0 1 0 5-100% -100%

1

May 2020

May2019

YTD2020

YTD2019

PercentageChange

PercentageChange

OPERATE IMPAIRED ALCOHOL/DRUGS 2 0 15 00% 0%OPERATE WHILE IMP (ALCOHOL) 17 16 63 916% -31%

Fail to Stop/Drive Prohibited 6 4 34 2650% 31%DRIVING WHILE PROHIBITED 6 2 19 12200% 58%FAIL TO REMAIN/CRIMINAL CODE 0 2 15 13-100% 15%FAIL TO STOP CAUSE BODILY HARM 0 0 0 10% -100%

HTA Offence 93 167 586 853-44% -31%CARELESS DRIVING HTA 8 8 43 700% -39%DRIVE SUSPENDED HTA 58 76 294 391-24% -25%FAIL TO REMAIN/HTA/OTHER 27 83 249 266-67% -6%FAIL TO STOP/REMAIN HTA 0 0 0 1260% -100%

MVA/CRC Occurrences 246 436 1,748 2,318-44% -25%CRC MVA NON-REPORTABLE 14 12 115 5517% 109%CRC MVA REPORTABLE 114 289 945 1,446-61% -35%MVA-FATAL 0 1 2 5-100% -60%MVA-INJURY 60 42 356 37543% -5%MVA-NON-REPORTABLE 4 9 26 32-56% -19%MVA-REPORTABLE 54 83 304 405-35% -25%

410 678 2,638 3,504Total -40% -25%

2

Young Offenders Charged for the Month of May, 2020

Junior Male Junior Female Senior FemaleSenior MaleTotal Male Total Female Total YOTotal Crimes Against Person 1010000ROBBERY WITH OTHER WEAPON 0 0 0 0 1 0 1Total Crimes Against Property 2010110FRAUD OTHER MEANS 0 0 0 0 1 0 1POSSESS STOLEN GOODS >5000 0 1 1 0 0 0 1Total Other Criminal Code 1000110COUNTERFEIT CURRENCY 0 1 1 0 0 0 1Total Other Offences 2020000MVA-REPORTABLE 0 0 0 0 1 0 1STUNT DRIVING 0 0 0 0 1 0 1

0

50

100

150

200

250

300

2007

-01

2007

-04

2007

-07

2007

-10

2008

-01

2008

-04

2008

-07

2008

-10

2009

-01

2009

-04

2009

-07

2009

-10

2010

-01

2010

-04

2010

-07

2010

-10

2011

-01

2011

-04

2011

-07

2011

-10

2012

-01

2012

-04

2012

-07

2012

-10

2013

-01

2013

-04

2013

-07

2013

-10

2014

-01

2014

-04

2014

-07

2014

-10

2015

-01

2015

-04

2015

-07

2015

-10

2016

-01

2016

-04

2016

-07

2016

-10

2017

-01

2017

-04

2017

-07

2017

-10

2018

-01

2018

-04

2018

-07

2018

-10

2019

-01

2019

-04

2019

-07

2019

-10

2020

-01

2020

-04

Residential B&E's by Month

Monthly Mean

0

8

17

25

33

42

50

2007

-01

2007

-04

2007

-07

2007

-10

2008

-01

2008

-04

2008

-07

2008

-10

2009

-01

2009

-04

2009

-07

2009

-10

2010

-01

2010

-04

2010

-07

2010

-10

2011

-01

2011

-04

2011

-07

2011

-10

2012

-01

2012

-04

2012

-07

2012

-10

2013

-01

2013

-04

2013

-07

2013

-10

2014

-01

2014

-04

2014

-07

2014

-10

2015

-01

2015

-04

2015

-07

2015

-10

2016

-01

2016

-04

2016

-07

2016

-10

2017

-01

2017

-04

2017

-07

2017

-10

2018

-01

2018

-04

2018

-07

2018

-10

2019

-01

2019

-04

2019

-07

2019

-10

2020

-01

2020

-04

Robberies by Month

Monthly Mean

Standard Deviation Upper Limit

Standard Deviation Lower Limit

0

50

100

150

200

250

300

January

March

May

July

September

November

January

March

May

July

September

November

January

March

May

July

September

November

January

March

May

July

September

November

January

March

May

July

September

November

January

March

May

July

September

November

January

March

May

July

September

November

January

March

May

July

September

November

January

March

May

July

September

November

January

March

May

July

September

November

January

March

May

July

September

November

January

March

May

July

September

November

January

March

May

July

September

November

January

March

May

July

September

November

January

March

May

July

September

November

January

March

May

July

September

November

2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020

# o

f S

tree

t C

hec

ks In

pu

t In

to R

MS

Year and Month

Street Checks Generated per Month by WPS

WWIINNDDSSOORR PPOOLLIICCEE SSEERRVVIICCEE

PPRROOFFEESSSSIIOONNAALL SSTTAANNDDAARRDDSS BBRRAANNCCHH

SSEECCTTIIOONN 1111 RREEVVIIEEWW SSIIUU 1199--OOSSAA--225522

RREEDDAACCTTEEDD

DDaattee:: AApprriill 2222,, 22002200

IInnvveessttiiggaatteedd bbyy:: SSeerrggeeaanntt PPaaoolloo DDiiCCaarrlloo

S3.E

SECTION 11 REVIEW SIU 19-OSA-252 REDACTED Page 2

RREEDDAACCTTEEDD SSEECCTTIIOONN 1111 RREEVVIIEEWW SSIIUU 1199--OOSSAA--225522

EEXXEECCUUTTIIVVEE SSUUMMMMAARRYY

This review pursuant to section 11 of Ontario Regulation 267/10 made under the Police Services Act will review the applicable policies of the Service, the services provided and the conduct of its members. Certain recommendations, where noted, made because of this review are addressed within this report.

BBAACCKKGGRROOUUNNDD

On October 23, 2019, the Windsor Police Service contacted the Special Investigation Unit (SIU) from the Ministry of the Solicitor General because of Windsor Police event #2019-45101. Communication with the SIU is to maintain consistent adherence with provincial legislative requirements during an exigent matter that required clear and direct communication.

It was determined that the facts-in-issue regarding the sexual assault allegations made by the Complainant met the threshold as defined by the Honourable Justice John Osler. This information exchange as to the details of the aforementioned event caused the SIU to invoke their mandate and commence an investigation into the actions of the designated Windsor Police Service Officers in accordance with section 113(5) of the Police Services Act R.S.O. 1990, c.P.15.

Section 11 of Ontario Regulation 267/10 made under the Police Services Act requires the Chief of Police to commence an investigation forthwith into any incidents in which the SIU invokes its mandate. Assigned to this investigation was Sergeant Paolo DiCarlo of the Windsor Police Service Professional Standards Risk Management Unit. This report is based on, a factual review of events, the actions of the involved officers and a review of applicable Windsor Police Service policies.

MMEETTHHOODDOOLLOOGGYY

Identified for review and detailed in the ‘scope of review’ section, are applicable directives and policies administered by the Windsor Police Service. A review was to ensure compliance with the Police Services Act of Ontario and comprised Regulations, including the Ontario Policing Standards and overall policing “best practices”.

SSCCOOPPEE OOFF RREEVVIIEEWW

This review pursuant to section 11 of Ontario Regulation 267/10 made under the Police Services Act will review the applicable Policies of the Service, the services provided and the conduct of its members.

Examined in relation to this incident were the following Windsor Police Service Directives:

WWiinnddssoorr PPoolliiccee SSeerrvviiccee DDiirreeccttiivvee –– SSppeecciiaall IInnvveessttiiggaattiioonnss UUnniitt ##771166--0011

WWiinnddssoorr PPoolliiccee SSeerrvviiccee DDiirreeccttiivvee –– IInn--SSeerrvviiccee TTrraaiinniinngg ##333300--0011

WWiinnddssoorr PPoolliiccee SSeerrvviiccee DDiirreeccttiivvee –– AArrrreesstt ##773300--0011

WWiinnddssoorr PPoolliiccee SSeerrvviiccee MMeemmoo –– AArrrreesstt iinnvvoollvviinngg,, AAssssaauulltt PPoolliiccee,, RReessiisstt AArrrreesstt &&OObbssttrruucctt


WWiinnddssoorr PPoolliiccee SSeerrvviiccee DDiirreeccttiivvee –– PPrriissoonneerr CCaarree aanndd CCoonnttrrooll ##773311--0011

WWiinnddssoorr PPoolliiccee SSeerrvviiccee DDiirreeccttiivvee –– NNoottee TTaakkiinngg RReessppoonnssiibbiilliittiieess ##776611--0011

WWiinnddssoorr PPoolliiccee SSeerrvviiccee DDiirreeccttiivvee –– SSuuppeerrvviissoorryy RReessppoonnssee DDiirreeccttiivvee ##886633--0011

IINNVVOOLLVVEEDD PPEERRSSOONNSS

Complainant regarding SIU investigation Windsor Police Officer, Identified by SIU as “Subject Officer” Windsor Police Officer, Identified by SIU as “Subject Officer” Windsor Police Officer, Identified by SIU as “Subject Officer” Sergeant, Windsor Police Service Professional Standards Staff Sergeant, Windsor Police Service Professional Standards Inspector Windsor Police Service Professional Standards Lead Investigator Special Investigation Unit

SSUUMMMMAARRYY

On May 23, 2019, the Complainant approached a female party and requested money. The female denied the Complainant’s request for money multiple times and left for a bus station. The Complainant followed the female and forcefully took her silver case containing cigarettes and personal documents.

Both parties proceeded into a LCBO in the City of Windsor where the Complainant removed $70 and a bankcard from the female’s silver case. The female fought with the Complainant to get her personal belongings back but was unsuccessful and had her glasses broken during the struggle. After an investigation, patrol officers arrested the Complainant for Criminal Code offences.

While in the detention unit, the Complainant complained of a medical issue unrelated to his arrest and paramedics transported him to Windsor Regional Hospital Ouellette Campus. Due to his violent behavior, medical personnel and hospital staff restrained the Complainant to his hospital bed. While uniform officers were advising the Complainant he was also being charged with additional Criminal Code charges, he spat into the eye of a Patrol Officer (Subject Officer #1), resulting in an additional charge of assault police.

On September 23, 2019, the Office of the Independent Police Review Director (OIPRD) received a public complaint filed by the Complainant pertaining to the conduct of the arresting officers during his arrest on May 23, 2019. On October 23, 2019, the Windsor Police Service was notified of the public complaint filed by the Complainant and upon review, discovered a sexual assault allegation made by him against the arresting officers while he was in the hospital.

Because of the sexual assault allegation made by the Complainant and as set out in subsection 113 (5) and pursuant to O/Reg. 267/10 s.3 of the Ontario Police Services Act, the Windsor Police Service contacted the Special Investigation Unit of the Ministry of the Solicitor General. On October 23, 2019, the Special Investigation Unit identified three Windsor Police Constables as the Subject Officers as well as six witness officers.

On April 22, 2020, the Special Investigations Unit notified Chief Pamela Mizuno that their investigation was complete. The Special Investigations Unit explained that


pursuant to s. 11(4) of regulation 267/10 under the Police Services Act, the investigation into the sexual assault allegation made by the Complainant during his arrest on May 23, 2019 was complete. The Special Investigations Unit advised that there were no grounds in the evidence to proceed with criminal charges against the Subject Officers.

PPOOLLIICCIIEESS

SSPPEECCIIAALL IINNVVEESSTTIIGGAATTIIOONNSS UUNNIITT

Windsor Police Service Directive #716-01 – Effective Date: 2018-11-01 Rationale:

The Police Services Act (Part Vll) establishes the Special Investigations Unit of the Ministry of the Solicitor General. Its mandate is to cause investigations to be conducted into circumstances of serious injuries and deaths that may have resulted from criminal offences committed by police officers.

S.113 (9) of the Act requires members of the Windsor Police Service to co-operate fully with members of the Special Investigations Unit (SIU). Regulation 267/10 addresses the conduct and duties of police officers with respect to SIU investigations. The purpose of this Directive is to ensure that members of the Service fulfill their legislated duty to co-operate with the SIU.

Ontario Regulation 267/10 made under the Police Services Act states in section 11(1): The Chief of Police shall also cause an investigation to be conducted forthwith into any incident with respect to which the S.I.U. has been notified, subject to the SIU’s lead role in investigating the incident. Section 11(4) provides the authority to make the report available to the public.

FFiinnddiinnggss:: TThhee eeffffeeccttiivvee ddaattee ooff tthhiiss ddiirreeccttiivvee wwaass 22001188//1111//0011.. AAtt tthhee ttiimmee ooff tthhee iinncciiddeenntt,, tthhee

ddiirreeccttiivvee wwaass uupp ttoo ddaattee.. TThhee ppoolliiccyy mmeeeettss MMiinniissttrryy gguuiiddeelliinneess aanndd tthheerree aarree nnoo

rreeccoommmmeennddaattiioonnss rreeggaarrddiinngg cchhaannggeess ttoo tthhee ppoolliiccyy bbeeccaauussee ooff tthhiiss SSeeccttiioonn 1111 rreevviieeww.. AAllll

ooffffiicceerrss wweerree iinn ffuullll ccoommpplliiaannccee aanndd aaddhheerreedd ttoo tthhee ddiirreeccttiivvee..

IINN--SSEERRVVIICCEE TTRRAAIINNIINNGG

Windsor Police Service Directive #330-01 – Effective Date: 2019-04-01

Rationale: The objective of the In-Service Training directive is to develop and maintain the knowledge, skills and abilities of the members of the Windsor Police Service. This will be achieved through a succession of training programs, consistent with provincial government established Adequacy Standards, or as designated by the Chief of Police. This directive addresses the responsibility of members for career development, skills development and learning.

The purpose of this Directive is to establish and clarify the responsibility of members to attend and participate in In-Service Training programs.






AARRRREESSTT


Rationale:

The purpose of this Directive is to establish policy and procedures with respect to Arrest, which encompasses the legal, constitutional and case law requirements relating to arrest. This directive will outline that all arrests of persons shall be made in accordance with the provisions of the Criminal Code, Charter of Rights and Freedoms, Provincial Statutes and Common Law, and that the rights of all arrested persons under the Canadian Charter of Rights and Freedoms shall be protected.





AARRRREESSTT IINNVVOOLLVVIINNGG AASSSSAAUULLTT PPOOLLIICCEE,, RREESSIISSTT AARRRREESSTT && OOBBSSTTRRUUCCTT PPOOLLIICCEE

Windsor Police Service Memorandum issued on Daily Orders – Dated March 20, 2015 The memorandum was issued to better manage the risk associated with arrest occurrences involving assault police, resist arrest and obstruct police. The memorandum was designed to ensure that the Windsor Police Service was identifying proper investigative steps early in an investigation to ensure the Windsor Police investigation was complete and transparent.

FFiinnddiinnggss:: RREECCOOMMMMEENNDDAATTIIOONN IIDDEENNTTIIFFIIEEDD TThhee MMeemmoorraanndduumm wwaass iissssuueedd oonn MMaarrcchh 2200,, 22001155.. AAtt tthhee ttiimmee ooff tthhee iinncciiddeenntt,, tthhee

mmeemmoorraanndduumm wwaass uupp ttoo ddaattee.. AAllll ooffffiicceerrss wweerree iinn ffuullll ccoommpplliiaannccee ooff tthhee mmeemmoorraanndduumm

aanndd aaddhheerreedd ttoo iittss ccoonntteennttss..

RREECCOOMMMMEENNDDAATTIIOONN

AAss ppaarrtt ooff tthhiiss SSeeccttiioonn 1111 rreevviieeww,, iitt wwaass iiddeennttiiffiieedd tthhaatt tthhee mmeemmoorraanndduumm bbee rreevviieewweedd

aanndd uuppddaatteedd aass nneecceessssaarryy.. TThhiiss wwiillll eennssuurree tthhaatt aallll aassppeeccttss ooff aann aarrrreesstt iinnvvoollvviinngg

aassssaauulltt ppoolliiccee,, rreessiisstt aarrrreesstt aanndd oobbssttrruucctt ppoolliiccee aarree rreelleevvaanntt ttoo ootthheerr WWPPSS ppoolliiccyy aanndd

pprroocceedduurreess.. TThhee rreevviieeww ooff tthhee mmeemmoorraanndduumm wwiillll eennssuurree tthhaatt tthhee rriisskk ttoo tthhee rreeppuuttaattiioonn

ooff oouurr ooffffiicceerrss aanndd tthhee oorrggaanniizzaattiioonn ccoonnttiinnuueess ttoo bbee mmiittiiggaatteedd.. IItt iiss rreeccoommmmeennddeedd tthhaatt

oonnccee tthhee mmeemmoorraanndduumm iiss rreevviieewweedd aanndd uuppddaatteedd aass nneecceessssaarryy,, iitt bbee aattttaacchheedd ttoo tthhee


IInnffooNNeett uunnddeerr MMaannuuaallss,, PPllaannss aanndd PPrroottooccoollss.. AAddddiittiioonnaallllyy,, ccrreeaattee aa WWPPSS DDiirreeccttiivvee ttoo

aaddddrreessss aarrrreesstt iinnvvoollvviinngg aassssaauulltt ppoolliiccee,, rreessiisstt aarrrreesstt aanndd oobbssttrruucctt ppoolliiccee ttoo eennssuurree

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PPRRIISSOONNEERR CCAARREE AANNDD CCOONNTTRROOLL


Rationale:

The purpose of this Directive is to establish policy and procedures relative to care and control of prisoners detained in the Detention Centre. The police owe a duty of care to those in custody. Prisoners are entitled to humane treatment and immediate medical care if needed.

The Sergeant assigned to the Detention Centre is the Officer-in-Charge (OIC) for the purposes of this Directive. The Officer in Charge is responsible to ascertain the need for medical attention for prisoners and arrange for medical attention if circumstances so indicate, resolving all doubt in favour of prisoner wellbeing.

The Officer in Charge of the Detention Centre shall ensure that the appropriate special precautions are taken for prisoners who are known or suspected to be: violent or exhibit violent behaviour, mentally ill or have a developmental disability, suicidal, emotionally disturbed or under the influence of alcohol/drugs or suffering a medical emergency.

Prisoners have a right to private consultation with counsel. Prisoners may be allowed to contact family or friends while in custody.





NNOOTTEE TTAAKKIINNGG RREESSPPOONNSSIIBBIILLIITTIIEESS


Rationale:

Notes are one of the most important tools an officer has at their disposal and necessary for the execution of duty. The note taking process is a vital record of evidence including an officer’s observations and information provided by witnesses, victims and suspects. Notes are an important memory aid and should be used when writing reports and retained as a reference for court.






SSUUPPEERRVVIISSOORRYY RREESSPPOONNSSEE DDIIRREECCTTIIVVEE


Rationale:

Adequacy Standards Regulations require the establishment of processes and procedures on supervision that set out the circumstances where a supervisor must be notified of an event and where the supervisor must attend at or become involved in an event. These requirements are also imbedded in the event specific Directives.

The purpose of this Directive is to list the circumstances where a patrol supervisor must

attend a scene, circumstances where the patrol supervisor must be notified of the

occurrence and, the supervisory reporting requirements.





SSEERRVVIICCEESS

The Investigator reviewed the ‘Services’ provided by Windsor Police Members. This review found no issues with the “Services” that were provided.

CCOONNDDUUCCTT

On May 23, 2019, Subject Officer #1 arrested the Complainant for Criminal Code offences. While in the Windsor Police detention unit, the Complainant complained of chest pains and as a result, paramedics transported him via ambulance to the hospital. Patrol Officers, Subject Officer #2 and Subject Officer #3, provided a prisoner to hospital escort and remained with the Complainant while in the hospital. Due to his violent behavior, the Complainant was placed in hospital restraints for his safety as well as for the safety of others.

The investigating officer, Subject Officer #1, attended the hospital to advise the Complainant that additional charges would be laid against him. The Complainant became irate and began using racial slurs towards Subject Officer #1. Subject Officer #1 described the Complainant “in a rage when he sat up and purposefully spat into my face.” Subject Officer #1 felt a droplet hit him in the right eye. Subject Officer #1 immediately left the room and attended an eyewash station where he rinsed and flushed his eyes. Subject Officer #1 re-attended the Complainant’s hospital room and advised him that he was further being charged with assault police. Subject Officer #1 then notified his supervisors of the assault police charge.

A Patrol Sergeant attended the hospital and the requirements for the Windsor Police assault police protocol commenced. Officers completed all necessary reports and notes


prior to the end of their shift, the Patrol Sergeant secured evidence to the offence of assault police in the form of video surveillance and witness statements were obtained. All divisional supervisors, detention unit sergeants and Major Crime detectives followed the assault police protocol ensuring that the entire investigation was complete and transparent.

Section 270 (1) of the Criminal Code of Canada states; Every one commits an offence who assaults a public officer or peace officer engaged in the execution of his duty or a person acting in aid of such an officer. The Ontario Superior Court of Justice indicated in R. v Allen, 2015 ONSC 2594; the phrase “execution of his duty” does not simply refer to an officer “on duty”. As Rosenberg J.A. held in Backhouse, to fall within this term, an officer must be acting in accordance with the powers conferred upon peace officers under statute and common law.

In R. v. Crawley, 2015 NSPC [88], The Honourable Judge Theodore K. Tax, J.P.C. stated; “The powers and duties of a peace officer emanate from the common-law and statute. The common-law test for deciding whether a peace officer is engaged in the execution of his or her duty was initially described R. v. Waterfield, [1963] 3 All ER 659 (Eng.C.A.). Since then, the Waterfield test has been adopted on numerous occasions by the Supreme Court of Canada to outline the fact that the general common-law duty of a peace officer is to preserve the peace as it relates to the protection of life and property.”

After reviewing all the evidence it is clear that the Subject Officers acted appropriately and professionally when they dealt with the Complainant on May 23, 2019. The Subject Officers were in the lawful execution of their duties when they responded to a call for service and after an investigation, subsequently arrested and escorted the Complainant to the hospital for a medical issue unrelated to his arrest.

After reviewing policies, procedures, services and all the evidence with respect to this Section 11 review, I identified no conduct issues regarding the actions of the Subject Officers on May 23, 2019. During the course of the investigation conducted by the Special Investigations Unit, no criminal charges were laid. Additionally, as outlined in the Police Services Act of Ontario, s. 113(9), all Windsor Police Service members co-operated fully and as required with the Special Investigation Unit’s investigation.

CCOONNCCLLUUSSIIOONN

On April 22, 2020, the Special Investigations Unit Director, Joseph Martino advised Chief Pamela Mizuno that in relation to the sexual assault allegation; “the file has been closed and no further action is contemplated. Director Joseph Martino continued; “In my view, there were no grounds in the evidence to proceed with criminal charges against the three Subject Officers.”

This Section 11 review is a direct result of the Complainant alleging in his public complaint with the Office of the Independent Police Review Director that the arresting officers sexually assaulted him while he was in the hospital.

There is no evidence of a sexual assault only evidence of the Subject Officers acting professionally in their dealings with the Complainant on May 23, 2019. From all accounts, the Complainant displayed behavior that was belligerent, disruptive and


assaultive. Merriam Webster defines professionalism simply as “the conduct, aims, or qualities that characterize or mark a profession or a professional person.” Said another way, the way you carry yourself, your attitude, and the way you communicate with others combine to show professionalism.

Even after a verbal abuse of racial slurs and being spat on in the face by the Complainant, Subject Officer #1 flushed his eyes, composed himself and then re-attended the Complainant’s hospital room to advise him he was further being charged with assault police before seeking medical attention himself. Acting like a professional means doing what it takes to make others think of you as reliable, respectful, and competent. All Windsor Police Officers maintained a professional etiquette during the Complainant’s arrest on May 23, 2019 despite his behavior. The Complainant’s actions did not detract from the fact that all investigative steps were taken to ensure a complete, thorough and transparent investigation throughout the entire investigative process.

Respectfully Submitted,

SSeerrggeeaanntt PPaaoolloo DDiiCCaarrlloo Electronically Signed May 5, 2020 Professional Standards Branch Risk Management Unit Windsor Police Service

SSttaaffff SSeerrggeeaanntt JJeennnniiffeerr CCrroossbbyy Electronically Signed May 5, 2020 Professional Standards Branch Windsor Police Service

IInnssppeeccttoorr MMaatttthheeww DD’’AAssttii Electronically Signed May 5, 2020 Professional Standards Branch Windsor Police Service

Ministry of the Solicitor General Public Safety Division Public Safety Training Division

Ministère du Solliciteur général Division de la sécurité publique Division de la formation en matière de sécurité publique

25 Grosvenor St. 12th Floor Toronto ON M7A 2H3 Telephone: (416) 314-3377 Facsimile: (416) 314-4037

25 rue Grosvenor 12e étage Toronto ON M7A 2H3 Téléphone: (416) 314-3377 Télécopieur: (416) 314-4037

1

MEMORANDUM TO: All Chiefs of Police and Commissioner Thomas Carrique

Chairs, Police Services Boards

FROM: Richard Stubbings Assistant Deputy Minister Public Safety Division and Public Safety Training Division

SUBJECT: Distracted Driving Exemptions: Amendments to Highway Traffic Act Ontario Regulation 366/09 (Display Screens and Hand-Held Devices)

DATE OF ISSUE: May 28, 2020 CLASSIFICATION: General Information RETENTION: Indefinite INDEX NO.: 20-0081 PRIORITY: Normal

At the request of the Ministry of Transportation, Road User Safety Division, I am sharing a communication regarding two amendments to O. Reg 366/09 (Display Screens and Hand-held Devices) under the Highway Traffic Act. These amendments are in relation to exemptions for commercial drivers and Canadian Security Intelligence Service (CSIS) officers.

Please review the attached memo from A/Assistant Deputy Minister Nosa Ero-Brown, which provides details on these amendments. If you require further information, please contact Jerome Brideau at 647-843-3093.

Sincerely,

Richard Stubbings Assistant Deputy Minister Public Safety Division and Public Safety Training Division

Attachment

Ministry of Transportation

Road User Safety Division

87 Sir William Hearst Avenue Room 191 Toronto ON M3M 0B4 Tel.: 416-235-4453

Ministère des Transports

Division de Sécurité Routière

87, avenue Sir William Hearst bureau 191 Toronto ON M3M 0B4 Tél. : 416-235-4453

MEMORANDUM TO: Richard StubbingsAssistant Deputy Minister Public Safety Division and Public Safety Training Division Ministry of the Solicitor General

FROM: Nosa Ero-Brown A/Assistant Deputy Minister Road User Safety Division Ministry of Transportation

SUBJECT: Distracted Driving Exemptions - Amendments to Highway Traffic Act - Ontario Regulation 366/09 (Display Screens and Hand-Held Devices)

___________________________________________________________________________________________________________

This memorandum is to advise the policing community about two recent amendments to Regulation 366/09 (Display Screens and hand-held Devices), made under the Highway Traffic Act (HTA), ), effective February 14, 2020.

1. Commercial Drivers - Hand-held two-way radios exemption:

The current exemption from the prohibition on the use of a hand-held two-way radio by commercial, public transit and public function drivers, and licensed amateur radio operators was set to expire on January 1, 2021. That expiry date has been removed from the regulation, in sections 11 to 13. The result is that this exemption is now permanent.

Note that this exemption only applies with respect to hand-held two-way radios and no other hand-held electronic communication devices.

2. Canadian Security Intelligence Service (CSIS) Officers - Hand-heldcommunications device and display screen exemptions:

Sections 2 and 9 of the regulation have been amended to exempt CSIS officers from the prohibitions on the use of a hand-held wireless communications device and a display screen.

If members of the law enforcement community would like to discuss these exemptions in more detail, they may contact Jerome Brideau at (647) 843-3093.

Thank you for your assistance in communicating these changes.

Nosa Ero-Brown A/Assistant Deputy Minister Road User Safety Division






Chairs, Police Services Boards FROM: Richard Stubbings Assistant Deputy Minister Public Safety Division and Public Safety Training Division SUBJECT: Serious Fraud Office

DATE OF ISSUE: May 29, 2020 CLASSIFICATION: General Information RETENTION: Indefinite INDEX NO.: 20-0082 PRIORITY: Normal

In September 2018 the Ministry of the Attorney General and the Ministry of the Solicitor General collaborated on the creation of the Serious Fraud Office (SFO). The SFO is an integrated and coordinated model where police and prosecutorial services work collaboratively in their approach to investigating and prosecuting large scale, complex frauds in Ontario. The SFO is a joint forces operation led by the Ontario Provincial Police (OPP). The mandate of the SFO is to: (a) Protect the citizens of Ontario;

(b) Limit losses suffered by victims of serious fraud; and (c) Recover fraudulently stolen assets.

For the purposes of the SFO, a “serious fraud” is defined as a fraud that has significant impact on society or significant financial loss in total. However, the totality of the loss is not the sole determining factor for acceptance of investigative carriage. Mechanisms for committing fraud can incorporate corruption, collusion, money-laundering, multiple jurisdictions and/or elements of organized crime. Consequences of fraud have serious impacts on victims and erode public confidence in democratic processes, government integrity and financial stability. While all fraud is potentially devastating, the SFO’s focus is primarily on particularly complex and/or egregious offences.

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SFO Structure The teamwork principle is the backbone of the SFO, providing an integrated and coordinated approach to serious fraud investigations, prosecutions, crime prevention, training and education, and victim support. The SFO has incorporated many specialized skill-sets to effectively and efficiently investigate cases involving serious fraud. This specialized expertise is also an important resource to train others in the law enforcement community to better identify and combat fraud. It is equally vital to engage relevant stakeholders who are also combatting fraud, including regulators, banks, auto insurers, and all government agencies. The SFO brings awareness to those at greater risk of being victimized by fraud and plays a leadership role in both fraud prevention and fraud detection. The SFO has the capacity to locate, seize and forfeit the proceeds of fraud in Ontario. It has an asset recovery capacity that can be engaged early, in tandem with serious fraud investigations, preventing the potential disappearance of the proceeds from criminal activity. The SFO’s victim support strategy includes a tiered police, prosecution, and community based response to mass victimization. SFO Intake Submission Requirements Policing agencies in Ontario can make requests for service from the SFO To access the SFO, policing agencies must request an SFO Request for Service Form (LE355) via e-mail to the SFO Intake Inbox ([email protected]). The SFO Intake Inbox is equipped with encryption capabilities for the submission of the Request for Service form as well as any other supporting documents, to ensure secure transfer of information. All submissions will require authorization from the referring agency’s Chief of Police (or designate) prior to submission. The referring policing agency must include all information requested on the RFS Form LE355 in the submission which includes a summary of the case, details of the subject(s) of interest, victim(s), and details of the allegations. Submissions are screened and assessed in the SFO’s intake process. It is imperative that the information provided on the LE355 form be as comprehensive as possible in order to accurately reflect the magnitude of the fraud presented to the SFO. All submissions are assessed by the Intake Coordinator/Analyst and evaluated.

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mailto:[email protected]


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If a case is selected for investigation, the Serious Fraud Office will contact the referring agency to advise and make arrangements for transferring of files. If the case has not been selected for investigation, the agency will receive a response in writing outlining the reasons why their case was not accepted. The SFO may offer alternate assistance and/or support. Policing agencies are welcome to re-submit their case as new and compelling information becomes known to police.

For further information, please contact Inspector Heidi Stewart at [email protected] or Staff Sergeant Peter Shouldice at [email protected]. Sincerely,










1



FROM: Richard Stubbings Assistant Deputy Minister Public Safety Division and Public Safety Training Division

SUBJECT: Funeral Services during the COVID-19 Pandemic

DATE OF ISSUE: May 30, 2020 CLASSIFICATION: General Information RETENTION: Indefinite INDEX NO.: 20-0083 PRIORITY: High

At the request of the Chief Medical Officer of Health, I am sharing an interpretive bulletin from the Ministry of Health, which provides guidance and clarification on funeral services under O. Reg 52/20 of the Emergency Management and Civil Protection Act (EMCPA).

For further information, please review the attached memo from Dr. David Williams, Chief Medical Officers of Health, and the accompanying bulletin. If you have any questions, please direct them to Chris Harold at [email protected] or 437-993-2376, or Colleen Kiel at [email protected].

I hope this information is of assistance.

Sincerely,

Richard Stubbings Assistant Deputy Minister Public Safety Division and Public Safety Training Division Attachments

https://www.ontario.ca/laws/regulation/200052






Ministry of Health

Office of Chief Medical Officer of Health, Public Health 393 University Avenue, 21st Floor Toronto ON M5G 2M2

Tel.: 416 212-3831

Fax: 416 325-8412

Ministère de la Santé

Bureau du médecin hygiéniste en chef, santé publique 393 avenue University, 21e étage Toronto ON M5G 2M2

Tél. : 416 212-3831 Téléc. : 416 325-8412

May 27, 2020

MEMORANDUM

TO: Richard Stubbings, Assistant Deputy Minister, Public Safety Division, Ministry of the Solicitor General

RE: Interpretive Bulletin on Funeral Services during the COVID-19 Pandemic

An Interpretive Bulletin has been issued to provide guidance on gathering for a funeral service during the COVID-19 pandemic. Currently gathering for the purpose of a funeral service is restricted to no more than 10 people.

The Interpretive Bulletin clarifies that “a gathering for the purpose of a funeral service that is attended by not more than 10 persons” in s. 1(3) of Schedule 1 to Ontario Regulation 52/20 includes services, rites, or ceremonies related to burial traditions. This includes services, rites and ceremonies associated with a funeral, performed at any time, in connection with religious observances (e.g. unveilings of monuments).

Please contact Chris Harold, A/Manager, Integrated Strategy and Policy Coordination, at [email protected] or 437.993.2376, or Colleen Kiel, Director, Strategy and Planning Branch at [email protected] f you have any questions.

Sincerely,

David C. Williams, MD, MHSc, FRCPC Chief Medical Officer of Health





INTERPRETIVE BULLETIN ORGANIZED PUBLIC EVENTS, CERTAIN GATHERINGS

ONTARIO REGULATION 52/20

BULLETIN # 1 GUIDANCE ON GATHERING FOR THE PURPOSE OF A FUNERAL

SERVICE DURING THE COVID-19 PANDEMIC

Current as of: May 26, 2020 O. Reg. 52/20 as last amended to May 16, 2020

SCOPE

The following guidance is suggested for individuals, organizations, or businesses planning or attending funeral services or other services, rites, or ceremonies related to burial traditions, and for those responsible for enforcing emergency orders.

APPLICATION

“A gathering for the purpose of a funeral service that is attended by not more than 10 persons” in s. 1(3)2 of Schedule 1 to Ontario Regulation 52/20 includes services, rites, or ceremonies related to burial traditions. This includes services, rites and ceremonies associated with a funeral, performed at any time, in connection with religious observances (e.g., unveilings of monuments).

RELEVANT SECTION(S) OF ORGANIZED PUBLIC EVENTS, CERTAIN GATHERINGS REGULATION

Schedule 1, Section 1(3) 2.

DISCLAIMER

The aim and purpose of this Bulletin is to assist individuals and businesses with questions related to the Ontario Government’s emergency order on organized events, certain gatherings. While we aim to provide relevant and timely information, no guarantee can be given as to the accuracy or completeness of any information provided. Bulletins may be updated from time to time, readers should ensure they have the most recent version of this Bulletin. This Bulletin is for informational purposes only and not determinative of the law as only the courts can authoritatively interpret the law. This Bulletin is not intended to nor does it provide legal advice and should not be relied upon or treated as legal advice. Users seeking legal advice should consult with a qualified legal professional. The Government of Ontario cannot prevent litigation of issues arising from the Order, including civil litigation and prosecutions, from taking place before the courts. The Government of Ontario and the people working on its behalf shall not be responsible for any loss or damage of any kind arising directly or indirectly from the use of this Bulletin including, without limitation, reliance on the completeness or accuracy of the information provided.

BULLETIN D’INTERPRÉTATION ÉVÉNEMENTS PUBLICS ORGANISÉS ET CERTAINS RASSEMBLEMENTS

RÈGLEMENT DE L’ONTARIO 52/20

BULLETIN NO 1 ORIENTATION SUR UN RASSEMBLEMENT AUX FINS D’UN SERVICE

FUNÉRAIRE DURANT LA PANDÉMIE DE COVID-19

À jour en date du 26 mai 2020 Règl. de l'Ont. 52/20 modifié en dernier lieu au 16 mai 2020

PORTÉE

L’orientation qui suit est suggérée pour les particuliers, organismes ou entreprises qui planifient des services funéraires ou autres services, rites ou cérémonies en lien avec les traditions funéraires ou y assistent, et pour les personnes chargées de faire appliquer les décrets d’urgence.

APPLICATION

« Un rassemblement aux fins d’un service funéraire auquel assistent au maximum 10 personnes » au paragraphe 1(3)2 de l’Annexe 1 au Règlement de l'Ontario 52/20 comprend les services, rites ou cérémonies en lien avec les traditions funéraires. Ceci comprend les services, rites et cérémonies associés à un service funéraire, réalisé en tout temps, en lien avec des pratiques religieuses (p. ex., inaugurations de monuments).

Article ou articles PERTINENTS DU RÈGLEMENT SUR LES ÉVÉNEMENTS PUBLICS ORGANISÉS ET CERTAINS RASSEMBLEMENTS

Annexe 1, paragraphe 1(3) 2.

AVERTISSEMENT

Le but et l’objet du présent bulletin consistent à aider les particuliers et les entreprises avec des questions se rapportant au décret d’urgence du gouvernement de l'Ontario concernant les événements organisés et certains rassemblements. Bien que notre objectif soit de fournir des renseignements pertinents et opportuns, nous ne pouvons garantir l’exactitude ou l’intégralité de tout renseignement fourni. Les bulletins peuvent faire l’objet d’une mise à jour de temps à autre, et les lecteurs doivent s’assurer qu’ils consultent la version la plus récente de ce bulletin. Ce bulletin est à titre informatif seulement et n’a pas valeur de loi, puisque seuls les tribunaux ont le pouvoir d’interpréter la loi. Ce bulletin ne vise pas à fournir ni ne fournit d'avis juridique et ne doit pas être interprété ou traité comme étant un avis juridique. Les utilisateurs qui sollicitent un avis juridique doivent consulter un professionnel du droit qualifié. Le gouvernement de l'Ontario ne peut empêcher le contentieux d’enjeux découlant du décret, y compris des contentieux civils et des poursuites judiciaires de se dérouler devant les tribunaux. Le gouvernement de l'Ontario et les personnes qui travaillent en

BULLETIN D’INTERPRÉTATION ÉVÉNEMENTS PUBLICS ORGANISÉS ET CERTAINS RASSEMBLEMENTS

RÈGLEMENT DE L’ONTARIO 52/20 son nom ne seront pas tenus responsables de pertes ou de dommages de toute sorte découlant directement ou indirectement de l’utilisation de ce bulletin, incluant, sans limitations, la confiance placée en l’intégralité ou l’exactitude des renseignements fournis.






Chairs, Police Services Boards FROM: Richard Stubbings Assistant Deputy Minister Public Safety Division and Public Safety Training Division SUBJECT: Recent Changes to Emergency Orders

DATE OF ISSUE: May 31, 2020 CLASSIFICATION: General Information RETENTION: Indefinite INDEX NO.: 20-0084 PRIORITY: High

Further to All Chiefs Memos 20-0074 and 20-0075 on emergency orders O. Reg. 82/20 (Closure of Places of Non-Essential Businesses) and O. Reg. 52/20 (Organized Public Events, Certain Gatherings) under the Emergency Management and Civil Protection Act (EMCPA), I am writing to inform you of recent amendments that impact enforcement of these orders. Amendments to O. Reg. 82/20 and O. Reg. 51/20: Operation of Drive-In Cinemas and Batting Cages O. Reg. 82/20 and O. Reg. 51/20 have been amended to authorize drive-in cinemas that were in existence as of May 29, 2020 to operate, in compliance with certain requirements. These amendments are effective as of 12:01 a.m. on Sunday, May 31, 2020. The amendments provide that every person responsible for a drive-in cinema must ensure the following:

• Each person in attendance at the drive-in cinema, other than persons working at the drive-in cinema, must remain within a motor vehicle designed to be closed to the elements except:

o Where necessary to purchase admission to the drive-in cinema; o Where necessary to use a washroom; or, o As may otherwise be required for the purposes of health and safety.

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• A person must not be in a motor vehicle at the drive-in cinema that contains members of more than one household.

• The driver of a motor vehicle at the drive-in cinema must ensure that it is positioned at least two metres away from other motor vehicles.

• Every person working at the drive-in cinema must remain at least two metres apart from motor vehicles and from other persons, except for the purposes of facilitating the purchase of admission to the drive-in cinema.

• Any washrooms that are open for use at the drive-in cinema must be cleaned and disinfected as frequently as is necessary to maintain a sanitary environment.

• No food or beverages may be sold or provided to persons attending the drive-in cinema.

• No materials may be exchanged between persons at the drive-in cinema, except: o Materials exchanged between members of the same household; o Materials exchanged between persons who are working at the drive-in

cinema; and, o Such materials as are necessary to facilitate the purchase of admission to

the drive-in cinema. Additional information can be found by consulting O. Reg 82/20. Amendments have also been made to O. Reg. 82/20 on the matter of operating batting cages. Starting May 31, 2020, outdoor batting cages following public health and safety measures will be permitted to reopen. Requirements can be found by consulting the regulation. Amendments to O. Reg. 52/20: Drive-In Religious Gatherings and Organized Public Events O. Reg. 52/20 prohibits organized public events, social gatherings and gatherings for the purposes of conducting religious services, rites or ceremonies of more than five people. The prohibitions do not apply to:

• A gathering of members of a single household; or, • A gathering for the purposes of a funeral service that is attended by not more

than 10 persons.

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https://www.ontario.ca/laws/regulation/200082/v2




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On May 16, 2020, the government amended O. Reg. 52/20 to permit drive-in religious services, rites and ceremonies to take place in Ontario providing certain precautions are followed, including that each person attending the gathering, other than the persons conducting the service, rite or ceremony, must remain within a motor vehicle that is designed to be closed to the elements. Effective immediately, amendments have been made to O. Reg. 52/20 to permit persons attending a drive-in religious service, rite or ceremony to leave their vehicles and/or enter a building located at the gathering where necessary to use a washroom or as may otherwise be required for the purposes of health and safety. The persons conducting the service, rite or ceremony must ensure that any washrooms that have been made available to persons attending the gathering are cleaned and disinfected as frequently as is necessary to maintain a sanitary environment. Details on these changes can be found by consulting O. Reg. 52/20. Clarification Regarding the Application of Prohibitions on Organized Public Events of More Than Five Persons to Essential Businesses Amendments have also been made to O. Reg. 52/20 to clarify that prohibitions on attending organized public events of more than five persons do not apply to attendance at a place of business that is not required to close under O. Reg. 82/20 (e.g., an essential business), for a purpose related to providing or receiving the goods or services provided by the business. For example, purchasing tickets and attending at a drive-in cinema for the screening of a film, as authorized by O. Reg. 82/20, is not prohibited by requirements in O. Reg. 52/20 related to organized public events. O. Reg. 142/20 - Recreational Camping on Crown Land The previous extension to June 9, 2020 of O. Reg. 142/20, which prohibits recreational camping on Crown land, has been shortened and the emergency order is revoked effective June 1, 2020. As of June 1, backcountry camping will also be available at Ontario Parks, including access points, paddle and portage routes and hiking trails. Ontario Parks will also be expanding day-use activities to include picnicking and off-leash pet areas. General Enforcement Considerations Policing personnel should continue to use their discretion to determine whether a congregation of people is an organized public event, social gathering or religious gathering.

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https://www.ontario.ca/laws/regulation/r20226




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Policing personnel are free to ask questions and obtain voluntary answers, as well as rely on other objective observations, in order to form reasonable and probable grounds. Policing personnel should NOT make any assumptions about who is a member of the same household based on race, gender or any other protected grounds. Policing personnel should continue to use their discretion and consider objective information that may be available to form grounds that an organized public event, social or religious gathering of more than five people includes members of more than one household, or that a vehicle at a religious gathering includes members of more than one household. In addition to the provincial emergency orders, there may be other municipal or First Nation by-laws that apply to various types of events and gatherings. Policing personnel should work with local by-law enforcement personnel on these issues, where they arise. To support enforcement needs, you may call the COVID-19 Enforcement Support Line at 1-866-389-7638. The line is only available to chiefs of police, policing personnel, and other enforcement personnel for specific questions related to the enforcement of the emergency orders under the EMCPA. Assistance is available Monday to Sunday, from 8:00 a.m. EST – 9:00 p.m. EST. I trust that this is of assistance. Sincerely,


Ministry of the Solicitor General Public Safety Division

Ministère du Solliciteur général Division de la sécurité publique



1



FROM: Richard Stubbings Assistant Deputy Minister Public Safety Division

SUBJECT: Extension of the Expiry of Driver and Vehicle Products and Services – Reminder

DATE OF ISSUE: June 3, 2020 CLASSIFICATION: General Information RETENTION: Indefinite INDEX NO.: 20-0087 PRIORITY: High

Further to All Chiefs Memos 20-0019 and 20-0034, the Ministry of Transportation has requested that I share the attached reminder of the measures that have been taken to extend the expiry of various driver and vehicle products in light of COVID-19. Please review the attached memo for further information. If you have any vehicle-related questions, please contact Elizabeth Marles at 416-235-3433 or [email protected]. If you have any questions related to drivers’ licences, please contact or Kim MacCarl at 416-235-5248 or [email protected].

Sincerely,

Richard Stubbings Assistant Deputy Minister Public Safety Division

Attachment





Ministry of Ministère des Transportation Transports

Road User Safety Division Division de Sécurité Routière 87 Sir William Hearst Avenue 87, avenue Sir William Hearst Room 191 bureau 191 Toronto, ON M3M 0B4 Toronto, ON M3M 0B4 Tel: 416-235-4453 télé: 416-235-4453 Fax: 416-235-4153 télécopieur: 416-235-4153

MEMORANDUM TO: Richard Stubbings Assistant Deputy Minister Public Safety Division and Public Safety Training Division

Ministry of the Solicitor General FROM: Nosa Ero-Brown

Assistant Deputy Minister (A) Road User Safety Division Ministry of Transportation RE: COVID-19 - Extension of the Expiry of Driver and Vehicle

Products and Services - REMINDER ______________________________________________________________________

Please accept this as a reminder to the memorandum sent on March 19, 2020. This memorandum is to advise you of the emergency measures that the Ministry of Transportation has taken due to the ongoing situation with COVID-19.

Temporary regulations have been made under the Highway Traffic Act, Photo Card Act, and Motorized Snow Vehicles Act to extend the validity of the various driver and vehicle products that would have otherwise expired on or after March 1, 2020. The extension continues until further notice. Consequently, where a driver’s licence or a licence plate appears to have expired it may in fact still be valid under the temporary regulations. These may include but are not limited to:

o All licence plate validation stickers o Online purchase receipts of validation stickers o Special Permits o Ontario Photo Cards and Enhanced Driver’s Licence for driving purposes o All classes of Ontario driver’s licences, including the temporary driver’s

licence and Driving Instructors’ licence

The Ministry is seeking police services’ support to continue to suspend enforcement of driver and vehicle renewal requirements. Drivers with expired licences and/or licence plates are currently permitted to operate in Ontario until further notice.

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In addition, some ServiceOntario locations are closed or have limited staffing capacity to service the public. ServiceOntario is urging Ontarians not to visit a ServiceOntario centre unless completely necessary and, to help ensure your safety and the safety of others, asking Ontarians to consider completing transactions online (if available). ServiceOntario continues to process online requests for licence plate renewals, however they are experiencing significant processing and shipping delays therefore customers may receive their sticker up to 45 days after they have renewed online. I would ask that you please bring this memorandum to the attention of the policing community. If any police services would like to discuss these amended programs, they may contact:

• For vehicle related enquiries, Elizabeth Marles, Manager, Vehicle Programs Office, at 416-235-3433 or [email protected]

• For Drivers’ Licences or Temporary Drivers’ Licence related enquiries, Kim MacCarl, Manager, Driver Programs Office, at 416-235-5248 or [email protected]

Thank you for your assistance in communicating these changes.

Nosa Ero-Brown Assistant Deputy Minister (A) Road User Safety Division










Chairs, Police Services Boards FROM: Richard Stubbings Assistant Deputy Minister Public Safety Division SUBJECT: Update to Essential Businesses List


Further to All Chiefs Memo 20-0017, I am writing to advise you that the Ontario government is updating Ontario Regulation 82/20.

Beginning Friday June 5 at 12:01 a.m.: Places of business that provide temporary accommodation are permitted to open their place of business, except for any pools, fitness centres, meeting rooms and other recreational facilities that may be part of the operations of these businesses. Such places of business include hotels, motels, lodges, cabins, cottages, short-term rentals and student residences.

The person responsible for any place of business that is open shall ensure that the business operates in accordance with all applicable laws, including the Occupational Health and Safety Act and its regulations. They shall also ensure the business operates in compliance with the advice, recommendations and instructions of public health officials, including any advice, recommendations or instructions on physical distancing, cleaning or disinfecting.

Note that this requirement applies to “the person responsible for a place of business”, not the people who happen to be in the place of business, whether employees or customers. Also note this requirement applies with respect to all places of business that are open.

…/2



-2- For your reference, please find attached previously-shared enforcement-related information that is relevant and applicable on an ongoing basis.

Thank you for your continued support.

Sincerely,

Richard Stubbings Assistant Deputy Minister Public Safety Division Attachment

Enforcement Information and Resources

Page 1 of 2

Places of Business Please note the ministry is not in a position to provide advice on whether a specific business falls under a specific category listed in the emergency order O. Reg. 82/20 as this is a discretionary decision made by enforcement personnel based on their judgement, local context and the purpose of the emergency orders to contain the spread of COVID-19. Also note the emergency order states the person responsible for any place of business that is open shall ensure the business operates in accordance with all applicable laws, including the Occupational Health and Safety Act and its regulations. They shall also ensure the business operates in compliance with the advice, recommendations and instructions of public health officials, including any advice, recommendations or instructions on physical distancing, cleaning or disinfecting. This requirement applies to “the person responsible for a place of business”, not the people who happen to be in the place of business, whether employees or customers. Also note this requirement applies with respect to all places of business that are open, including retail businesses permitted to open.

Health and Safety Association Guidance Documents for Workplaces During the COVID-19 Outbreak The government and health and safety associations have released more than 90 safety guidance documents to assist employers in multiple sectors, including construction, retail, facilities maintenance and manufacturing. These guidance documents are available at https://www.ontario.ca/page/resources-prevent-covid-19-workplace

Enforcement and Public Reporting of Non-Compliance The Ministry of the Solicitor General is requesting chiefs of police to advise policing personnel to use their discretion, in a graduated manner, in enforcing orders under the Emergency Management and Civil Protection Act (EMCPA). Those authorized with EMCPA enforcement powers have the discretion to make an informed assessment of whether or not a particular business meets the criteria of a business that is authorized to stay open in accordance with O. Reg. 82/20.

To support enforcement needs, the COVID-19 Enforcement Support Line has been established at 1-866-389-7638. The line is only available to chiefs of police, policing personnel, and other enforcement personnel on their specific questions related to the enforcement of the emergency orders under the Emergency Management and Civil Protection Act. Assistance is available Monday to Sunday, from 8:00 a.m. EST – 9:00 p.m. EST. If the call centre is unable to respond to your inquiry, it will be forwarded to the ministry for additional support.


https://www.ontario.ca/page/resources-prevent-covid-19-workplace


Page 2 of 2

To ensure the line can effectively respond to enforcement inquiries, police services are asked not to disclose information associated with the Support Line to the general public. Please note that members of the public should not be directed to call government hotlines to report alleged violations of emergency orders, including the emergency order mandating the closure of places of non-essential business. Such reports should be taken by police services for investigation, as may be appropriate. In addition, policing personnel are encouraged to regularly check the regulations (including emergency orders) under the Emergency Management and Civil Protection Act on the Government of Ontario’s e-Laws website.

https://www.ontario.ca/laws/statute/90e09?search=emergency+management


https://www.ontario.ca/laws






Chairs, Police Services Boards FROM: Richard Stubbings Assistant Deputy Minister Public Safety Division SUBJECT: Stage 2 of Re-Opening of Ontario

DATE OF ISSUE: June 14, 2020 CLASSIFICATION: General Information RETENTION: Indefinite INDEX NO.: 20-0093 PRIORITY: Normal

As the government continues to take a careful, phased approach to re-opening Ontario’s economy, I would like to provide you with information about changes to emergency orders as some parts of the province transition from Stage 1 to Stage 2 of the Framework. On the advice of Ontario’s Chief Medical Officer of Health, changes are being implemented both province-wide and regionally. Movement to Stage 2 is being enabled on a regional basis (defined as groupings of public health unit geographic areas in the attached map), based on consideration of the capacity in the health and public health systems, the economic impact of the pandemic on local communities, and an informed assessment of five indicators:

• COVID-19 case counts;

• Effective reproduction number;

• Percent of non-epidemiologically linked cases;

• Percent test positivity; and

• COVID-19 hospital admissions. The following changes to the emergency orders captured below are effective as of 12:01 am, Friday June 12, 2020, unless otherwise specified.

…/2

https://www.ontario.ca/page/framework-reopening-our-province#section-3

-2- Province-Wide Re-Openings There will be a province-wide reopening (regardless of restart stage) of:

• Child care centres;

• Summer day camps;

• In-person summer learning;

• Workplace training (e.g., union training centres); and

• Post-secondary education institutions.

Visitors in congregate living situations, such as long-term care homes, retirement homes, and other residential care settings, will resume beginning June 18, 2020, provided appropriate restrictions and guidelines are followed and in place. Further, an increase from 5 to 10 for social gatherings with physical distancing will be permitted except for:

• Weddings, funerals or religious services, rites or ceremonies (see details in chart below);

• Schools;

• Child care centres;

• Post-secondary institutions; and

• Essential businesses, where physical space or structure can accommodate physical distancing with larger numbers.

Workplace or Public Space

Emergency Order

Change in effect Friday June 12, unless otherwise stated

Social gatherings O. Reg. 52/20 Permitted to increase from 5 to no more than 10 people.

Organized public events O. Reg. 52/20 Permitted to increase from 5 to no more than10 people, including a parade.

Indoor weddings, funerals or religious services, rites or ceremonies

O. Reg. 52/20

Permitted with conditions, including limited indoor capacity (i.e., cannot exceed 30% of the capacity of any particular room within the building or structure).

Outdoor weddings, funerals or religious services, rites or ceremonies

O. Reg. 52/20 Permitted with conditions, including cannot exceed the maximum of 50 persons in attendance.

Child care O. Reg. 82/20 Licensed child care centres can reopen and emergency child care services end.

…/3

-3-


Emergency Order

Change in effect Friday June 12, unless otherwise stated

Summer day camps O. Reg. 82/20

Day camps can open with modified operations, no overnight stay. Note: Community centres or facilities for indoor sports and recreational fitness activities can also open province-wide, if used exclusively by summer day camps.

Training centres/ training delivery agents

O. Reg. 82/20 Certification, licensing, and training programs, including apprenticeships, can resume.

Post-secondary education institutions

O. Reg. 82/20

Post-secondary education institutions: universities, colleges, Indigenous Institutes, private career colleges and private universities can re-open effective Thursday July 2, 2020.

Regional Re-Openings The following regions (as defined in the Health Protection and Promotion Act) are officially part of Stage 2 re-openings, per O. Reg. 263/20:

1. Brant County Health Unit

2. Chatham-Kent Health Unit

3. City of Ottawa Health Unit

4. The District of Algoma Health Unit

5. The Eastern Ontario Health Unit

6. Grey Bruce Health Unit

7. Haliburton, Kawartha, Pine Ridge District Health Unit

8. Hastings and Prince Edward Counties Health Unit

9. Huron Perth Health Unit

10. Kingston, Frontenac and Lennox and Addington Health Unit

11. Leeds Grenville and Lanark District Health Unit

12. Middlesex-London Health Unit

…/4

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13. North Bay Parry Sound District Health Unit

14. Northwestern Health Unit

15. Oxford Elgin St. Thomas Health Unit

16. Peterborough County – City Health Unit

17. Porcupine Health Unit

18. Renfrew County and District Health Unit

19. Simcoe Muskoka District Health Unit

20. Sudbury and District Health Unit

21. Thunder Bay District Health Unit

22. Timiskaming Health Unit

23. Waterloo Health Unit

24. Wellington-Dufferin-Guelph Health Unit

For the regions which have been authorized to move into Stage 2, the following activities will now be permitted, with appropriate restrictions and guidelines:

• Additional community spaces, events and recreational activities (e.g., libraries, community centres, drive-in and drive-through venues, splash pads, wading pools, and outdoor and indoor swimming pools, beaches at provincial parks, campgrounds for camping, and, museums, galleries, aquariums, and zoos);

• Additional commercial activities and personal/personal care services (e.g., film and television production, photography services, tanning salons, wedding planning, weight reduction centres, hair and nail salons, body art);

• Expanded retail and food services (e.g., indoor shopping malls, outdoor dine-in spaces at/adjacent to restaurants, bars and other food/alcohol businesses, take-out from food courts);

• Small outdoor events (e.g., art fairs, fundraisers); and

• Tour and guide services for any purpose including wineries and distilleries.

Details are found below.

…/5

-5-


Emergency Order Change in effect Friday June 12,

unless otherwise stated

Libraries

O. Reg. 263/20 Libraries can provide limited on-site services and programs.

Community centres O. Reg. 263/20

Community centres can re-open provided they comply with certain conditions including keeping communal kitchens and interior dining spaces closed.

Gatherings in motor vehicles for religious services, rites and ceremonies

O. Reg. 52/20 No limit on the number of vehicles that can attend provided that conditions in section 8 are met.

Performing Arts and Cinemas

O. Reg. 263/20

Concert venues, theatres and cinemas remain closed except for drive-in cinemas. Food and beverages can only be sold to persons in attendance at the drive-in cinema or the drive-in or drive-through concert, theatrical production, performance or artistic event if they are delivered directly to the person’s motor vehicle.

Indoor and outdoor water amenities

O. Reg. 104/20 and O. Reg. 263/20

All pools can open (no waterparks).

Outdoor recreational activities and attractions

O. Reg. 263/20

Outdoor activities and attractions can open. No high contact with surfaces or physical proximity.

Outdoor team sports training

O. Reg. 104/20

Team sport training to resume physically distanced (no scrimmages/games). Access to amenities limited to equipment management and washrooms.

Private and provincial parks campgrounds

O. Reg. 263/20

Car and RV camping can resume. Limited access to comfort stations (washrooms only).

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Emergency Order Change in effect Friday June 12, unless otherwise stated

Beach access and some services at provincial parks

O. Reg. 263/20

Beach access at Ontario parks is permitted. Services and programming can resume with modified operations.

Museums, galleries, aquariums, zoos, provincial agencies, and outdoor heritage institutions

O. Reg. 263/20

Facilities can open, no interactive/high-contact exhibits, no amusement parks and conference centres.

Tour and guide services

O. Reg. 263/20 Indoor and outdoor tour and guide services can resume.

Film and television production

O. Reg. 263/20 All film and television production activities can resume.

Commercial, industrial, portrait, aerial, special event photography services

O. Reg. 263/20 All photography studios and services can open.

Personal services

O. Reg. 263/20

Businesses primarily engaged in providing other personal services and personal and household goods repair and maintenance can open with two-metre physical distancing.

Personal care services

O. Reg. 263/20

Establishments providing personal care services can open. No face services.

Shopping centres

O. Reg. 263/20

Malls and markets can open. Dine-in at indoor food courts and entertainment amenities not permitted.

Outdoor dine-in for restaurants, bars and other food services

O. Reg. 263/20

Restaurants, bars, food trucks and other food and drink establishments can open for dining in outdoor areas only (e.g., patios, curbside, parking lots and adjacent premises).

…/7

-7- Workplaces or public spaces that remain closed provincewide

• Performing arts shows and cinemas (beyond drive-in);

• Casinos and charitable gaming venues and activities;

• Indoor dine-in for food establishments;

• Gyms, indoor sports facilities, fitness facilities, and fitness / dance studios (unless for the purpose of operating summer day camps);

• Real estate open houses;

• Horse racing with spectators; and,

• Amusement parks and waterparks. Large public gatherings such as concerts, large festivals and fairs, night clubs, and sporting events continue to be restricted. For your reference, please find attached previously shared enforcement-related information. Thank you again for your continued support and collaboration during this challenging time. Sincerely,

Richard Stubbings Assistant Deputy Minister Public Safety Division Attachments

Brant

Durham

Elgin-St.Thomas

GreyBruce

Haldimand- Norfolk

Haliburton,Kawartha,Pine Ridge

Halton

Hamilton

Hastingsand PEC

Chatham-Kent

KF&LA

Lambton

Leeds,Grenville

and Lanark

Middlesex- London

Niagara

North BayParry Sound

Ottawa

OxfordCounty

Peel

PeterboroughCounty-City

RenfrewCounty and

District

EasternOntario

SimcoeMuskoka

Waterloo

Wellington- Dufferin- Guelph

Windsor- Essex

York

Toronto

Porcupine

Northwestern

Algoma

Thunder Bay

Sudbury and District

Timiskaming

OntarioPublic Health UnitsJune 2020

Huron Perth


Page 1 of 2

Places of Business Please note the ministry is not in a position to provide advice on whether a specific business falls under a specific category listed in the emergency order O. Reg. 82/20 as this is a discretionary decision made by enforcement personnel based on their judgement, local context and the purpose of the emergency orders to contain the spread of COVID-19. Also note the emergency order states the person responsible for any place of business that is open shall ensure the business operates in accordance with all applicable laws, including the Occupational Health and Safety Act and its regulations. They shall also ensure the business operates in compliance with the advice, recommendations and instructions of public health officials, including any advice, recommendations or instructions on physical distancing, cleaning or disinfecting. This requirement applies to “the person responsible for a place of business”, not the people who happen to be in the place of business, whether employees or customers. Also note this requirement applies with respect to all places of business that are open, including retail businesses permitted to open.

Health and Safety Association Guidance Documents for Workplaces During the COVID-19 Outbreak The government and health and safety associations have released more than 90 safety guidance documents to assist employers in multiple sectors, including construction, retail, facilities maintenance and manufacturing. These guidance documents are available at https://www.ontario.ca/page/resources-prevent-covid-19-workplace

Enforcement and Public Reporting of Non-Compliance The Ministry of the Solicitor General is requesting chiefs of police to advise policing personnel to use their discretion, in a graduated manner, in enforcing orders under the Emergency Management and Civil Protection Act (EMCPA). Those authorized with EMCPA enforcement powers have the discretion to make an informed assessment of whether or not a particular business meets the criteria of a business that is authorized to stay open in accordance with O. Reg. 82/20.

To support enforcement needs, the COVID-19 Enforcement Support Line has been established at 1-866-389-7638. The line is only available to chiefs of police, policing personnel, and other enforcement personnel on their specific questions related to the enforcement of the emergency orders under the Emergency Management and Civil Protection Act. Assistance is available Monday to Sunday, from 8:00 a.m. EST – 9:00 p.m. EST. If the call centre is unable to respond to your inquiry, it will be forwarded to the ministry for additional support.


https://www.ontario.ca/page/resources-prevent-covid-19-workplace


Page 2 of 2

To ensure the line can effectively respond to enforcement inquiries, police services are asked not to disclose information associated with the Support Line to the general public. Please note that members of the public should not be directed to call government hotlines to report alleged violations of emergency orders, including the emergency order mandating the closure of places of non-essential business. Such reports should be taken by police services for investigation, as may be appropriate. In addition, policing personnel are encouraged to regularly check the regulations (including emergency orders) under the Emergency Management and Civil Protection Act on the Government of Ontario’s e-Laws website.



https://www.ontario.ca/laws






Chairs, Police Services Boards FROM: Richard Stubbings Assistant Deputy Minister Public Safety Division SUBJECT: Re-Opening of Ontario Courts to In-Person Hearings

(Hearing Preparation and Witness Notification)


At the request of the Ministry of the Attorney General, I am sharing a communication regarding the Superior Court of Justice’s and Ontario Court of Justice’s intention to resume in-person hearings on July 6, 2020 and the implications on hearing preparation and witness notification. For further information, please review the attached memo from Assistant Deputy Attorney General Susan Kyle. If you have further questions, please connect with your local Crown office. Sincerely,

Richard Stubbings Assistant Deputy Minister Public Safety Division Attachments

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Ministry of the Attorney General Office of the Assistant Deputy Attorney General Criminal Law Division McMurtry-Scott Building 720 Bay Street 6th Floor Toronto ON M7A 2S9 Tel: 416-326-2615 Fax: 416-326-2063

Ministère du Procureur général Cabinet du Sous-procureur général adjoint Division du droit criminel Édifice McMurtry-Scott 720, rue Bay 6e étage Toronto ON M7A 2S9 Tél.: 416-326-2615 Téléc.: 416-326-2063

MEMORANDUM TO: Richard Stubbings

Assistant Deputy Minister Public Safety Division Ministry of the Solicitor General

FROM: Susan Kyle

Assistant Deputy Attorney General Criminal Law Division - Ministry of the Attorney General

DATE: June 12, 2020 SUBJECT: The Re-Opening of the Ontario Courts to In-Person

Hearings – Hearing Preparation and Witness Notification

On July 6, 2020 the Superior Court of Justice and Ontario Court of Justice intend on resuming in-person hearings, if it is safe to do so. Work is currently underway by our Ministry’s Recovery Secretariat retrofitting courthouses to ensure that the Courts can open up safely for all justice system participants. An information sheet will be shared communicating what courthouse visitors can expect from a health and safety perspective on July 6. This will assist officers with addressing any questions witnesses have regarding their in-person attendance. I am requesting that you please share this memo with the policing community. The re-openings will look different across the province as it is a regional approach with three phases of courthouse re-openings, with the first phase being July 6. This means that as trial matters recommence, they may look very different than in the past (e.g., where witnesses are subpoenaed to attend court and how Prosecutors meet with and prepare witnesses - both police and civilian - for hearings). The assigned Prosecutor and the Officer in Charge, or their designate (hereinafter, the “OIC”), always work cooperatively in preparing matters for trial. The OIC role includes ensuring that witnesses are subpoenaed and participating in the organization and

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attendance of witness preparation meetings. We appreciate that this role will continue with the resumption of trial matters in both the Ontario Court of Justice and the Superior Court of Justice. To ensure that the trials scheduled for the coming weeks are ready to proceed, there will be an increased need for continued and frequent communication between the Crown Attorney’s office or assigned Prosecutor and the OIC. There are however, some specific COVID-19 considerations that will need to be addressed and those are provided for in this memo. Preparing for Trial The usual practice of gathering in the main hallways of courthouses on the morning of a trial is no longer feasible or safe due to the current health situation. This means that Prosecutors and police officers will need to work together to determine the safest, most practical method of ensuring witnesses are notified and attend court when required to do so for trials and preliminary hearings. Some trials and preliminary hearings will take place with people in-person, while others will be done entirely virtually with the consent of the accused person. Some may be done with a combination of both in-person and virtual testimony. Prosecutors will know in advance of the trial or preliminary hearing date how it is scheduled to proceed. The Crown Attorney’s office will communicate the method of the proceeding to the OIC. Prioritization of all cases is necessary. Crown Attorney’s offices have taken steps to prioritize all matters scheduled for trials or preliminary inquiries starting on July 6, 2020. It is important that the OIC obtain information and communicate that information from witnesses to the Prosecutor as this may impact the prioritization of the hearings. This will ensure that Prosecutors are aware of any issues that a witness might have early in their review of cases. It also allows witnesses to receive critical communication about the changes that may impact their attendance at court. Moreover, it is anticipated that the court will ask for confirmation of trial readiness in the one or two weeks ahead of the scheduled trial, which is why it is very important that the OIC provide the Crown Attorney’s office with information about the availability of each witness including addressing the questions outlined below. 1. Issuing Subpoenas to Witnesses

Given the July 6 date is rapidly approaching, it is imperative that all police services who have not already done so, ensure witnesses have been subpoenaed for trials or preliminary inquiries. To assist in determining if a trial is ready to proceed, the OIC is being asked to canvass some questions of the witness and provide that information to the assigned Prosecutor. The Prosecutor, in turn, will advise the OIC where this matter sits on the priority list and the manner in which the trial will be proceeding.

https://ontariogov-my.sharepoint.com/personal/michael_trueman_ontario_ca/Documents/Documents/Personal%20Drive/Recovery/COVID%20Action%20Chart%20-%20Divisional%20Input.xlsx?web=1

https://ontariogov-my.sharepoint.com/personal/michael_trueman_ontario_ca/Documents/Documents/Personal%20Drive/Recovery/COVID%20Action%20Chart%20-%20Divisional%20Input.xlsx?web=1

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a. Witnesses HAVE received Subpoenas prior to COVID-19:

If the witnesses received subpoenas prior to the outbreak of COVID-19, the OIC should immediately contact each civilian, police, and expert witness necessary for the prosecution. Each witness should be canvassed regarding:

• Do they have any current medical conditions or other conditions impacting their ability to attend court in person (i.e., are they immunocompromised, or caring for someone who is)?

• Do they have any other concerns about attending court in person for the hearing? If yes, what are the details of those concerns?

• Do they have access to the necessary applications and technology that may be required for remote testimony or preparing to testify?

• Do they have a quiet, private space that they can access in the event that they are required to testify or prepare to testify remotely?

• If they cannot prepare remotely, is the witness willing to attend a police station or the Crown’s Office to review their evidence?

• Do they require additional assistance to attend court, such as transportation?

• Do they have child care issues as a result of limitations on daycare and summer camps?

b. Witnesses HAVE NOT been Subpoenaed:

Where subpoenas have not yet been sent out for matters scheduled in July 2020, the OIC should contact each witness by telephone and confirm their current address, and condition for receipt of subpoenas. The OIC should also canvass witnesses regarding:

• Do they have any current medical conditions or other conditions impacting their ability to attend court in person (i.e., are they immunocompromised, or caring for someone who is)?

• Do they have any other concerns about attending court in person for the hearing? If yes, what are the details of those concerns?

• Do they have access to the necessary applications and technology that may be required for remote testimony or preparing to testify?

• Do they have a quiet, private space that they can access in the event that they are required to testify or prepare to testify remotely?

• If they cannot prepare remotely, is the witness willing to attend a police station or the Crown’s Office to review their evidence?

• Do they require additional assistance to attend court, such as transportation?

• Do they have child care issues as a result of limitations on daycare and summer camps?

The OIC should also confirm that the witnesses have received subpoenas (if they did not serve them personally).

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2. Witness Preparation

Each local court will determine where and how witnesses attending in person will wait for trials. It will be important that the OIC and the Prosecutor explain witness check in and waiting areas to the witness. If a hearing is being held remotely, using a virtual courtroom, or a particular witness is testifying remotely, an informational sheet will need to be provided to witnesses by the OIC. The information sheet prepared by the Crown is attached as Appendix A. Note, this appendix is only to be distributed to witnesses only after it is confirmed they will be testifying remotely. In cases where the Victim Witness Assistance Program (V/WAP) is not assisting a witness, the OIC should assist in advising the witness about the court process during the COVID-19 pandemic. Additionally, even those witnesses who are assisted by V/WAP will continue to require support from the OIC for preparation meetings with the Prosecutor. All witnesses should be advised to communicate with the OIC or V/WAP immediately if they have a new or worsening health condition that impacts their ability to participate in the hearing. Given courthouses are currently not accessible to the public, witness preparation may not occur at the courthouse as it often does. By necessity, meetings with witnesses may need to be held remotely and the ability to review video and audio recorded statements will require some logistical planning between the Prosecutor and police.

a. Civilian Witnesses

It will not be feasible to have multiple witnesses attend on the morning of trial to review statements. Where a copy of a statement is reduced to writing (such as a note book or written statement) arrangements should be made to provide only the statement to the witness in person or by electronic means. The police should caution the witness that distributing or sharing that statement is unlawful and may jeopardize the prosecution. Where a witness is required to or requests to review a video or audio recorded statement, arrangements will be required to provide them with a suitable place to review their statement in private. This may need to be arranged in the police station/detachment in advance of the trial date. Where this is not feasible, alternative arrangements may be required. This will require ongoing dialogue with the Crown Attorney’s office to arrange a secure location or alternative means for statement review. Where civilian witnesses require preparation meetings, they may be conducted by audio or video conference. As in the normal course, the OIC will be required to participate in these conferences. Even where a meeting including the Prosecutor is not required, the OIC will maintain communication with the civilian witnesses and advise them, if a hearing is in-person,

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where to attend or, if a hearing is being held remotely in the virtual court, information on how to connect remotely. If at any time there are health concerns arising from COVID-19, these must be shared with the Prosecutor so that arrangements can be made, such as remote testimony. b. Police Witnesses The OIC will need to advise the assigned Prosecutor immediately if required police witnesses are no longer available for the scheduled hearing date. If there are health concerns preventing them from attending in person, the Prosecutor will need to be advised so that an application for remote testimony can be brought or seek an adjournment. It will be important for all police witnesses to ensure that they have the appropriate notebooks in their possession for the relevant trials. Conducting a remote hearing changes the way that evidence is presented. It will be important to discuss with your assigned Prosecutor how these changes may impact the hearings.

3. Remote Testimony Open and frequent communication with the local Crown Attorney’s office will be required to ensure that officers are aware of the process and platform used for remote hearings. The Crown Attorney’s office will share training materials specific to the platform being used with the local police service. If an officer requests a test hearing, in advance of the trial, arrangements should be made with the local Crown Attorney’s office. This is a dynamic and novel situation, and we are confident that Prosecutors and police will continue their ongoing communications and cooperation, particularly during these challenging times. Thank you in advance for your assistance in communicating this guidance. Sincerely,

Susan Kyle Assistant Deputy Attorney General Criminal Law Division – Ministry of the Attorney General

Tips ForTestifying Remotely

1. Prepare for your testimony

• Find a clean and quiet venue• Use a simple, light-colored background• Ensure you have privacy and are free from distractions

• Test your equipment and software prior to testimony• Ensure webcam is functioning• Use a wired internet connection or locate close to router

2. During your testimony

The Covid 19 pandemic is changing the way we live our lives; this is inevitably going to include the way we give testimony in criminal matters. This guide will offer some quick tips for a witness in a virtual trial.

• Adjust your webcam to frame your face during your testimony• Mute your microphone until it is your turn to speak• Close all non-essential applications and mute all noisy notifications

• Avoid using battery power only. Plug into a power source• Avoid running any other applications. This will conserve

computer’s networking and processing power• For home networks, avoid sharing internet service with others

Do Don’t• Speak clearly and

deliberately• Wait until question

has been asked, pause before answering

• Identify if referring to any documents

• Talk over another party. Audio is lost

• Communicate with anyone off camera

• Email, text or instant message in any way with any of the parties during testimony

3. Remember – It’s Still Court

• Dress Professionally – just as you would for a day in regular court

• Address the Parties formally – Your Honour, Mr./Ms.• Remain patient and polite, the transition to virtual appearances

will involve a learning process for all

4. Final Tips

Consult with the crown prosecutor to identify any local rules and procedures and ensure you have all necessary login information.

It is an offence to record court proceedings in any way. This includes taking a video capture, photo, or screenshot.

AGENDA - windsorpolice.ca · - Constable June Windsor (30 Years and 4 months), effective June 30,...

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Transcript of AGENDA - windsorpolice.ca · - Constable June Windsor (30 Years and 4 months), effective June 30,...